Will my wife qualify for ILR - Settlement?

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Old Aug 3rd 2012, 6:51 pm
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Default Will my wife qualify for ILR - Settlement?

On 1 sep 2007, she came on VISA "NURSES-SUPERVISED PRACTICE"
then from 14th APRIL 2008 (valid till 2013 APRIL), She is on "LIMITED LEAVE TO REMAIN"
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Old Aug 4th 2012, 8:22 pm
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Default Re: Will my wife qualify for ILR - Settlement?

Moving this up for some comments and opinions...
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Old Aug 4th 2012, 10:18 pm
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Default Re: Will my wife qualify for ILR - Settlement?

Assuming your wife came over from the US, you might get quicker answers on the UK-Yankee forum. www.talk.uk-yankee.com and go to the visa subforum
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Old Aug 5th 2012, 12:58 am
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Default Re: Will my wife qualify for ILR - Settlement?

Originally Posted by Bluegrass Lass
Assuming your wife came over from the US, you might get quicker answers on the UK-Yankee forum. www.talk.uk-yankee.com and go to the visa subforum
Nope. She is all the time in the UK from the beginning of the first mentioned time above - from Sep1, 2007.
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Old Aug 5th 2012, 12:23 pm
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Default Re: Will my wife qualify for ILR - Settlement?

Originally Posted by laxrao69
On 1 sep 2007, she came on VISA "NURSES-SUPERVISED PRACTICE"
then from 14th APRIL 2008 (valid till 2013 APRIL), She is on "LIMITED LEAVE TO REMAIN"
I'm not sure I understand. Is the LLR visa you mention an old-style work permit? If there are no other mitigating factors, a typical work permit is usually 5 years to ILR, i.e.spring of 2013.

The Supervised Nurse visa sounds to me like one of the "closed category" student-type visas (??). (In England, I worked with people on visas like that years ago, but I believe those visa have mostly been phased out.) If so, the time on that visa may not count at all towards ILR. So it would seem safest for your wife to apply for ILR spring 2013.

Last edited by WEBlue; Aug 5th 2012 at 12:25 pm.
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Old Aug 5th 2012, 9:05 pm
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Default Re: Will my wife qualify for ILR - Settlement?

Originally Posted by WEBlue
I'm not sure I understand. Is the LLR visa you mention an old-style work permit? If there are no other mitigating factors, a typical work permit is usually 5 years to ILR, i.e.spring of 2013.

The Supervised Nurse visa sounds to me like one of the "closed category" student-type visas (??). (In England, I worked with people on visas like that years ago, but I believe those visa have mostly been phased out.) If so, the time on that visa may not count at all towards ILR. So it would seem safest for your wife to apply for ILR spring 2013.
Thanks weblue. But a quick question, is it still ok to apply and try now? If its rejected it is and then we can try in Spring 2013. May be we will lose the fee money but is there any other consequence?
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Old Aug 5th 2012, 10:43 pm
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Default Re: Will my wife qualify for ILR - Settlement?

Originally Posted by laxrao69
Thanks weblue. But a quick question, is it still ok to apply and try now? If its rejected it is and then we can try in Spring 2013. May be we will lose the fee money but is there any other consequence?
I don't know enough to answer your question, Laxra. Maybe someone else can answer whether applying early will have any negative consequences or not.

But I do strongly believe the time under the Supervised Nurse scheme does NOT count as work permit time of 5 years to ILR. Here's a link that explains the Overseas Nurse program. If this is how your wife came to the UK, it's pretty clear that the supervision time is not counted, only the LTR time.

http://www.uniresources.co.uk/Unires...%20Information

The one option open to participants of this programme to qualify for permanent settlement in the UK is obtaining a work permit employment for 5 years. If participants of the programme switch to work permit employment and then continue in such employment for a period of 5 years, applications can be made for Indefinite Leave to Remain in the UK. The time period spent completing the ONP is separate and is not included in the settlement purposes, instead the time commences from the date of leave to remain/enter given in line with obtaining the work permit.
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Old Aug 6th 2012, 1:51 am
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Default Re: Will my wife qualify for ILR - Settlement?

Originally Posted by WEBlue
I don't know enough to answer your question, Laxra. Maybe someone else can answer whether applying early will have any negative consequences or not.

But I do strongly believe the time under the Supervised Nurse scheme does NOT count as work permit time of 5 years to ILR. Here's a link that explains the Overseas Nurse program. If this is how your wife came to the UK, it's pretty clear that the supervision time is not counted, only the LTR time.

http://www.uniresources.co.uk/Unires...%20Information
Thanks again Weblue. I will check that link and wait for more inputs if any from other friends here.
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