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T1 dependant apply ILR Please Help!
Posted: Tue Oct 09, 2012 11:56 am
by pjzhang
Our case is
I have T1 and will apply ILR in this Nov. My husband has T1 dependant at the moment. We have got married for more than 2 years and he has lived with me in the UK for more than 2 years. But his T1 dependant visa has not reached 2 years!!
In this case, can we apply ILR together?
Really appreciate your help!!
We are very worried now...
UPDATES
Hello all.
My husband and I have booked the apply in person for ILR in Nov.
I am the main applicant and he is my T1G dependant.
Previously, I mentioned he may not be qualified to apply ILR because he has not been dependant for 2yrs BUT has been in the UK for more than 2yrs in a marriage with me.
So I want to ask, if he can not be considered to meet the criteria, will my application still be considered in the interview? If yes, do we have to pay both fees or just my fee?
I just hope they wont refuse to deal with our application on that day. If I get granted, he can quickly apply for FLR(M).
Thank you for all your advices!!
Posted: Tue Oct 09, 2012 12:19 pm
by Lucapooka
He can apply with you if both the residence and marriage requirements are met (been in the UK as your partner for two years). It does not matter that his residence under the status as your PBS dependant is less than two years, because his previous residence (if legitimate) will be considered.
Posted: Tue Oct 09, 2012 12:25 pm
by pjzhang
Lucapooka wrote:He can apply with you if both the residence and marriage requirements are met (been in the UK as your partner for two years). It does not matter that his residence under the status as your PBS dependant is less than two years, because his previous residence (if legitimate) will be considered.
Thank you!!!
So here 'Partner' doesn't mean has to be PBS dependant, does it?
We can provide the evidence of staying together for 2 years by bills, bank statements etc. Do I understand correctly?
Thanks again!
Posted: Tue Oct 09, 2012 1:52 pm
by geriatrix
Posted: Tue Oct 09, 2012 1:55 pm
by Lucapooka
Partner must have last been granted leave as PBS dependant. No mention of that being for two years.
Posted: Thu Oct 11, 2012 10:18 am
by pjzhang
Lucapooka wrote:He can apply with you if both the residence and marriage requirements are met (been in the UK as your partner for two years). It does not matter that his residence under the status as your PBS dependant is less than two years, because his previous residence (if legitimate) will be considered.
Hi. I phoned immigration enquire bureau this morning. I described our case and they said my husband can not apply ILR with me. He has to apply FLR(M) on the same date as I get ILR. Because he has to stay for 2 years as my dependant.

Posted: Thu Oct 11, 2012 10:19 am
by pjzhang
Hi. I phoned immigration enquire bureau this morning. I described our case and they said my husband can not apply ILR with me. He has to apply FLR(M) on the same date as I get ILR. Because he has to stay for 2 years as my dependant.
Posted: Thu Oct 11, 2012 10:19 am
by pjzhang
Lucapooka wrote:Partner must have last been granted leave as PBS dependant. No mention of that being for two years.
Hi. I phoned immigration enquire bureau this morning. I described our case and they said my husband can not apply ILR with me. He has to apply FLR(M) on the same date as I get ILR. Because he has to stay for 2 years as my dependant.
Posted: Thu Oct 11, 2012 10:43 am
by pjzhang
We feel so desperated. can anyone contribute any idea please please??
Posted: Mon Oct 15, 2012 10:11 pm
by pjzhang
Posted: Thu Oct 18, 2012 2:06 am
by geriatrix
Ideas??
Ask UKBA which immigration rules states that your spouse must have lived in the UK as "your dependant" for 2 years to qualify for settlement as your dependant.
Posted: Thu Oct 18, 2012 9:35 am
by pjzhang
sushdmehta wrote:Ideas??
Ask UKBA which immigration rules states that your spouse must have lived in the UK as "your dependant" for 2 years to qualify for settlement as your dependant.
Thank you. I have updated here.
Regarding 2yrs rule, we have phoned enquiry office twice and both answers are negative. We will try to argue it in the interview but I want to check if the caseworker will deal with our application first or he will send us back to rebook the interview? Thanks!!
Posted: Sun Nov 25, 2012 9:55 am
by xpscapable
pjzhang wrote:sushdmehta wrote:Ideas??
Ask UKBA which immigration rules states that your spouse must have lived in the UK as "your dependant" for 2 years to qualify for settlement as your dependant.
Thank you. I have updated here.
Regarding 2yrs rule, we have phoned enquiry office twice and both answers are negative. We will try to argue it in the interview but I want to check if the caseworker will deal with our application first or he will send us back to rebook the interview? Thanks!!
PJZhang - how did you you go? I'm curious because I'm on the same situation with you.
My wife has live with me for more than 3 years but she's only my dependant on Tier 1 just the past year. She has her own visa prior to that.