ILR Dependents (Less than 2 years in UK)

sam2012 · Post by **sam2012** » Mon Dec 31, 2012 2:24 pm

Hello Gurus,

I need some advise regarding my wife ILR dependent visa.

My ILR is due in February, I think I have met all the criterias.

But I'm not sure my wife would qualify or not

My wife initially came to UK in Dec 2009 (she is on Tier 1 dependent since then - 3 years in total) , But in between she was away for 14 months due to holidays and medical reasons.

She has stayed in the UK for 1 year 10 months in total and she is falling short of 2 months to complete the 2 years stay requirement ( if any ).

I can provide cohabitation documents for last 3 years..

Wife Bank statements
Wifes payslips , P60 and dividends vouchers
Utility Bills
Electoral
NHS
Driving Provisional licence ..etc

I did call UKBA but got mixed answers from different persons.

some say

Response 1

- dependent absenses are not considered as long as main applicatant satisfies all the criterias and the dependent has been on Tier 1 Dependent Visa for more than 2 years.

Response 2

- dependent cant apply has she has not completed 2 years in UK .. and when I questioned them that she already been on depenent visa for more than 3 years but away for holidays and medical reasons and also in the application form there is no where mentioned about dependent absenses and told them that I can prove my cohabitaion for last 2 years then they say she is eligible.

After doing some research I have found below from UKBA Website

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Time spent outside the UK (who had applied on or before 8 July 2012 for a visa to come to the UK)

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

Can you please tell me if my wife qualifies for ILR or not?

If Yes, Is the documentation for Cohalibitation is sufficient or do I need any extra Documentation.

As per above UKBA information , I can even get medical certificate from overseas and Company business trip letter if required.

Apologies for the long post.

Regards,
Sam2012[/url]

wpilr_nov12 · Post by **wpilr_nov12** » Mon Dec 31, 2012 2:40 pm

sam2012 wrote:Hello Gurus,

I need some advise regarding my wife ILR dependent visa.

My ILR is due in February,
....
She has stayed in the UK for 1 year 10 months in total and she is falling short of 2 months to complete the 2 years stay requirement ( if any ).

1. When did she come back after being 14 months away?

2. When does she complete her 2 year period (based on your method)?

3. When do you complete your 5 year period?

4. When does her visa expire?

sam2012 · Post by **sam2012** » Mon Dec 31, 2012 3:01 pm

Thank you for quick response.

1. and 2.

Dependents Absenses:

15th Dec 2009 - 24th Dec 2010 ( In the UK - 1 year 10 days)
25th Dec 2010 - 15th Jan 2011 ( out of UK - holiday )
16th Jan 2011 - 15th Oct 2011 ( In the UK 9 months )
16th Oct 2011 - 29th Dec 2012 ( out of UK 14 months 10 days holiday/ business visit and medical reasons )

Visa expries 3rd Mar 2013 .. PEO appointment booked on 4th Feb 2013

She is falling short of 80 days to complete 2 years in the UK, Even if I apply just before my visa expires .. she would easily fall short of 30 days.

FYI, I was away from UK for 2 months during my wifes absenses, meaning we have lived together while she was outside UK. (As per UKBA)

3. 3rd March 2013 .. Planning to apply 28 days before .. PEO Croydon booked for 4th Feb 2013.

4. Her visa expries same as me on 3rd March 2013

sam2012 · Post by **sam2012** » Tue Jan 01, 2013 7:39 pm

Hope you all have enjoyed the new year celebrations.

awaiting for your valuable replies.

sam2012 · Post by **sam2012** » Wed Jan 02, 2013 12:06 pm

Any one please adivce.

ilrdep · Post by **ilrdep** » Wed Jan 02, 2013 10:24 pm

As per my understanding she is not eligible as she has not completed Two years in UK.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Jan 02, 2013 10:41 pm

Where have you booked your appointment?

sam2012 · Post by **sam2012** » Thu Jan 03, 2013 11:08 am

Thank you for your replies.

I have booked at Croydon PEO on 4th of Feb. ( Visa expries on 3rd March)

As per UKBA will it be OK if I show any Medical or Business Travel to fill the gap ?

Other question is how far they look at dependent absenses ? There is no where mentioned in the application form.

According to the experiences I have read so far, I didn't even see single question from UKBA regarding dependent stay if they had visa for more than 2 years and proving the cohabitation when applied with main applicant . In my case I have sufficeint cohabitation documents to prove .. except if they check the entry and exit dates on the passport fo dependent.

Is it worth to take the risk ?

Experts please advice. Anyone had success with similar situation please reply.

**********************************************************

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Time spent outside the UK (who had applied on or before 8 July 2012 for a visa to come to the UK)

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

sam2012 · Post by **sam2012** » Thu Jan 03, 2013 6:01 pm

Experts please advice. Anyone had success with similar situation please reply.

maddyinlon · Post by **maddyinlon** » Thu Jan 03, 2013 6:26 pm

Even my case and my wife's case is similar, except I'm due to apply in September 2013 and my wife will be short of 9 months to qualify 2 years period

I will keep checking this space.

sam2012 · Post by **sam2012** » Fri Jan 04, 2013 9:53 am

Thank you Maddyinlon for joining the loop.

Anyone with similiar situation, please join the loop or atleast register your poll to know I'm not alone.

Experts please advice. Anyone had or seen success with similar situation please reply.

fazzer1 · Post by **fazzer1** » Fri Jan 04, 2013 8:48 pm

hi , im in the same situation as you are

my Tier Visa expires on the 23rd of January 2013

my wife enterred the uk on the 16th Jan 2011 and will complete the 2 year requirement days before my visa expires.but she spent a considerable amount of time completing her studies OVERSEAS. so im not 100% certain if she qualifies , would grately appreciate some feedback from successful applicants or people in the know

@sam2012 - i need to point out that the UKBA site link you have posted applies to "Settled Citizens" , through personal research i have found the follwing information but nothing on the ukba site seems to suggest that absences from the UK will be taken into account.

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

Partners
Your partner can apply for settlement at the same time as you apply for settlement, if:

you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
you and they intend to live permanently with the other as husband and wife, civil partners, unmarried partners or same-sex partners;
they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
they have sufficient knowledge of the English language and life in the UK, unless they are aged 65 or over when they apply. For more information, see the Knowledge of language and life in the UK section.
These requirements are set out in paragraph 319E of the Immigration Rules.

paragraph 319E of the immigration rules only state that if the dependant was granted leave as a dependent (tier 1 dependent in my case ) under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years. see the full paragraph below.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or

(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or

(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:

(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or

(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or

(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and

(c) have spent the remainder of the 5 year period, where applicable, as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.

(h) DELETED

(i) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days will be disregarded.

[/quote]

sam2012 · Post by **sam2012** » Mon Jan 07, 2013 10:11 am

Thank you fazzer1 for pointing it out.

The Rule I posted may work if my dependent applys ILR seperatly soon after the main applicant. I too have not found anything on dependent absenses.

are you planning to take the risk ?

The caseworkers primary focus will be on main applicant and in regards to dependent , if you provide sufficient cohabitaion documents and I dont think it will be a problem. (But not sure if they look into passport entry and exit dates)

Experts/Seniors/any Successfull applicants.. can you please confirm if caseworker does look at the entry and exit dates on your passport/ dependents passport ?

Anyone had or seen success with similar situation please reply.

indran · Post by **indran** » Mon Jan 07, 2013 2:34 pm

Hi Sam2012,

I am in the same situation as you and thinking of taking a chance to go ahead and try my luck. I agree with fazzer1's information. I called up HM and spoke to 7 officers and they all have opposition opinion from what is discussed here. So strange. They dont know their own rule but call themselves HM advisors or maybe trying to be conservative.

Regards,
Indran

sam2012 · Post by **sam2012** » Mon Jan 07, 2013 2:49 pm

Indranm, thank you joining the loop.

I'm too want to take the risk. Make sure you book alternative appointment for your dependents extension incase you are applying by PEO.

Also I'm confused with which visa section they fall under incase dependent visa is rejected.

I enquired with UKBA, they say to apply for Tier 1 PBS dependent ( not FLR(M) ).

Experts what is the difference ? which form/application to go with ?

indran · Post by **indran** » Mon Jan 07, 2013 3:50 pm

Sam2012,

Thank you for your comment. Not sure if they will consider my dependent extension application on the same day if i bring all the necessary documents/form filled in for their extension in case if they reject their ILR application.

BTW, I was told to go for PBS dependent extension route since that is the best way forward and much simpler than FLR(M) route. To qualify for PBS dependent, they just need to show maintenance fund, where as FLR(M) seems to have a lot of other requirements to meet. Once your dependent extend their current leave and qualify for the 2 year cohabitation, they can go for ILR after that.

Regards,
Indran

sam2012 · Post by **sam2012** » Mon Jan 07, 2013 4:02 pm

Indran,

I was told by UKBA not to apply for same day with different applications as this confuses them

For PBS dependent maintainance funds,

how much we need to show per dependent ?
Is it OK to show the funds from my account instead of dependents ?

indran · Post by **indran** » Mon Jan 07, 2013 4:12 pm

Sam 2012,

I dont know the answers to your question but please check out the link below for more guidance and form, the fund requirement varies depending how long the dependent has been living in the UK:

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

Regards,
Indran

sam2012 · Post by **sam2012** » Mon Jan 07, 2013 4:24 pm

thanks a lot for the link.

maddyinlon · Post by **maddyinlon** » Mon Jan 07, 2013 10:43 pm

Hi Sam2012,

I was wondering, if your wife can apply for settlement from India after you got your ILR here? Your thoughts on this?

Cheers

sam2012 · Post by **sam2012** » Tue Jan 08, 2013 10:41 am

I think it is mandatory for anyone to apply for settlement from UK only.

sam2012 · Post by **sam2012** » Wed Jan 09, 2013 3:46 pm

Anyone had or seen success with similar situation please reply.

fazzer1, seems like your visa date is approaching soon, what are your thoughts ?
Are you taking the risk ?

Indran and maddyinlon , what are your visa dates ?

Mine is on 4th Feb at Croydon PEO.

indran · Post by **indran** » Thu Jan 10, 2013 9:12 am

Mine is on 28 Jan in Glasgow.

sam2012 · Post by **sam2012** » Thu Jan 10, 2013 9:55 am

PEO Dates with Dependents Less than 2 years in UK (with more than 2 years overall since 1st entry)

fazzer1 - Yet to confirm - (please update, your experience will be key for all others in the loop.)
Indran - 28th Jan - Glasgow PEO
Sam2012 - 4th Feb - Croydon PEO
maddyindon - Yet to confirm

sam2012 · Post by **sam2012** » Fri Jan 11, 2013 2:24 pm

Intresting story .. please read

http://www.immigrationboards.com/viewtopic.php?t=122994

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR Dependents (Less than 2 years in UK)

ILR Dependents (Less than 2 years in UK)

Re: ILR Dependent - Useful Information

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