Unmarried dependent along with my ILR application

[adc055]

Hi all

I am going to put my unmarried partner/gf along in my ILR application next month. She is now having a 2 years PSW (Post Study Worker) visa, and has been living inside UK for 6 years, because I can't find any information of visa category requirement as a dependent of my ILR application, can anyone point out if my gf is eligible as a dependent in my ILR application? and would she also be granted ILR if my application was successful? I heard it will be 2 years Limited Live to Remain to start with, is it true?
BTW we have sufficient evidence to prove we have been living together for more than 2 years.

Thanks very much

Kun

[geriatrix]

Since your unmarried partner is in UK on Tier 1 (PSW) visa, she is not a dependent (from immigration status perspective). Therefore you cannot include her in your ILR application as a dependent. In order to change her status from Tier 1 (PSW) to dependent, she will have to return to her home country and apply for EC as a dependent.

Also, whether she will qualify for ILR as your dependent at the same time as you depends on your immigration category. That you haven't mentioned.

The other option is that you apply for ILR and when it is granted, your partner can then apply for EC from her home country as unmarried partner of a settled person. In this case, she will be granted 27 months leave to enter UK and after completing 2 years she may apply for ILR.

regards

[adc055]

Thanks man. You have pointed out my mistake. I phoned HO today they advised me to proceed a sole ILR application first when it is granted then my gf will need to apply as unmarried partner using FLR(M) form as we both have been living in UK for more than 4 years as of today.

Thanks again, regards,

Kun

[adc055]

Hi sushdmehta

Thanks very much again. I am thinking the first option as you mentioned above. I have spent 5 years comtinuely under a combination of WP + HSNP + Tier 1 General and I am eligible to apply ILR anytime from now on, and my current visa category is Tier 1 General.

Certainly my unmarried gf can apply as a dependent of my current Tier 1 general, say that if she could get dependent visa under my Tier 1 General by the end of next week 12th Feb 2010, could we immediately start applying ILR together after 12th Feb? . I don't see any time restirctions that my dependent has to spend under a dependent visa category before being included in main applicant's ILR application, as a matter of fact we have been living together for more than 5 years the only thing is that we both are having independent visa at the moment.

So in short she has to switch to dependent visa before I put her as a dependent in my ILR application, then my question comes that if she switches today under my TIer 1 and then tomorrow I can include her in my ILR application?

I hope you have understood what I am trying to say. Please help

Kun

[geriatrix]

Thanks man. You have pointed out my mistake. I phoned HO today they advised me to proceed a sole ILR application first when it is granted then my gf will need to apply as unmarried partner using FLR(M) form as we both have been living in UK for more than 4 years as of today.

Thanks again, regards,

Kun

Seeing your response I checked UKBA website and it is indeed correct that if an unmarried partner has entered UK in a diifferent immigration category (when grant of leave is more than six months), he/she may be allowed to "switch" into the category of unmarried/same-sex partner of a settled person. See Unmarried/same-sex partners.
So, thanks to you too, for pointing out my mistake!

regards

[geriatrix]

So in short she has to switch to dependent visa before I put her as a dependent in my ILR application, then my question comes that if she switches today under my TIer 1 and then tomorrow I can include her in my ILR application?

I hope you have understood what I am trying to say. Please help

Kun

Has UKBA advised you that your unmarried partner can switch from Tier 1 (PSW) to dependent of Tier 1 (General) migrant? The information published on UKBA website and the current Immigration Rules suggest that she cannot. See Switching in to the dependant route. See also Immigration Rule 319C(h) and 319E(c).

Irrespective of whether she can switch or needs to go back to her home country to apply for EC (as dependent), as a dependent she should be eligible to apply for ILR at the time when you can provide evidence that you both have been living together in the UK in a relationship similar to marriage or civil partnership for a period of at least 2 years. (319E(d)).

regards

[adc055]

Hi sushdmehta

You were right. Tier 1 PSW switches into a dependent of Tier 1 General, the application needs to go back to home country for entry clearance.

Correct me if I am wrong from what I understand, once she is granted a dependent of my Tier 1 General we can apply ILR immediately after that? Does she have to spend 2 years under the dependent visa before I can include her in my ILR application?

Regards,

Kun

[geriatrix]

Because two you have been living in the UK in a relationship similar to marriage / civil partnership for at least 2 years (and can provide evidence of the same), I believe your girlfriend may be eligible to apply for ILR at the same time as you - after getting her EC as dependent.

But don't take my word for it and please double check with UKBA. Because if this isn't possible, no point in pursuing this option.


regards

[adc055]

thanks again Sushdmehta. I'll phone HO monday the first thing.
There is a case http://www.immigrationboards.com/viewtopic.php?t=50060
his wife only had dependent visa for 9 months but they had lived together for more than 2 years I am assuming that 2 years requirement is not a MUST under dependent visa.

But I'll find out because I don't want my partner to wait another two years for the ILR.

Cheers

Kun

[geriatrix]

thanks again Sushdmehta. I'll phone HO monday the first thing.
There is a case http://www.immigrationboards.com/viewtopic.php?t=50060
his wife only had dependent visa for 9 months but they had lived together for more than 2 years I am assuming that 2 years requirement is not a MUST under dependent visa.

But I'll find out because I don't want my partner to wait another two years for the ILR.

Cheers

Kun

In that case (link that you have provided), the grant of ILR is on basis of WP wherein there is no requirement of 2 years residency requirement for dependents. The immigration rules for WP dependents (194-196F) are different from those for dependents of Tier 1 migrants (319A-319K).

regards

[geriatrix]

Are you covered by HSMP JR? When did you apply for HSMP - before 07-Nov-06 or after 05-Dec-06?

In case your HSMP approval is based on rules that were in effect until 07-Nov-06, then you are covered by HSMP JR and in that case, there is no 2 year residency requirement for dependents (just like WP dependent).


regards

[adc055]

Nope. I am covered by Tier 1 General. I am aware that 2 years requirement is required for point based migrant. My major concern is still that whether my girlfriend has to spend 2 years residency strictly under dependent visa or not. Actually she has spent more than 4 years under student + tier 1 PSW with me till now. As far as I am aware the wording on the UKBA site is that, quoting the UKBA website:http://www.ukba.homeoffice.gov.uk/worki ... ettlement/
UKBA wrote:

Your dependants are eligible to apply for settlement at the same time as you, as long as they have lived with you in the United Kingdom for a minimum of two years before applying for settlement.

No wording regarding specific visa type for the two years duration at all.

Kun

[geriatrix]

That's my understanding as well .... whether it's correct or not, we'll know when you make the call to UKBA.

Do update on what they say!

regards

[adc055]

Ya will do. I should have done the switch for my girlfriend a long time back, I am just being too lazy. With all those messy concerns I am really frustrated at the moment, it isn't worh for my girlfriend to spend another 2 years under FLR(M) to get ILR, I do really wish I could go with the route that she switches into dependent of my tier 1 general and we both get ILR together.

Hope my case isn't too complicated to them.

Kun

[adc055]

Negative. The word HO used on the phone was - She has to be a dependent of main applicant for at least tow years. She did say no I can't include her because of the new immigration rule has been in place. But if I am WP or HSMP holder this rule is not applied.

I hope this can help other ppl in this forum. The rule is now rather clearer that for those Tier 1 Migrants if you have any girlfriends/boyfriends who have been living with you in the UK please do take my advice to switch into dependent if possible at earliest.

I was lazy to switch her into my dependent of HSMP about 3 years ago now she has to be suffered another two years to get ILR under FLR(M) spouse.