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meemyself&I
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Joined: 01 Dec 2011
Posts: 77
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 Posted: Wed Oct 31, 2012 10:03 pm Post subject: wondering if Mako's wife's situation is similar to mine |
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| Mako wrote: | My wife attended Solihull PEO this morning to attempt to apply for ilr on set (o). She was armed with paragraph 196D. No good news I'm afraid. The cw said this paragraph refers to work permit holders who applied for ilr at the end of their 5 years not work permit holders who got ilr through long residence. She tried to argue that the immigration rules did not make this distinction but her argument fell on deaf ears.
Any advice on how to proceed? |
Sorry all,
I don't know how to put a link on here, otherwise i would have put Mako's link regarding his posts i am requesting enlightenment about. I have been reading Mako's posts with regards to his wife's application which he is trying to sort out. After he posted the above, he was still advised by Greenie, Vinny and Sushdmehta that his wife is still eligible to apply for ILR directly without switching to flr m firstly.
My husband came to UK in 2002 as a student, and although he did not switch to any other type of visa, he also recently got his ILR on 10 years long residency basis. I have been his dependant since 2003, and was hoping that I should apply directly for ILR instead of switching to FLR m which infact lead to me completing the wrong form (set m). I was advised by moderators to vary my application to flr m otherwise it will be refused. I have today varied my application to flr m, as i do not want my visa rejected.
I just wanted to find out how is my application different from Mako's wife, is it because Mako switched to work permit (bear in mind it is the old work permit not PBS)? However, he still obtained his ILR on long residence basis.
Any input will be appreciated.
Mako, if you can enlighten me as well that will be great.
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6953
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| Posted: Wed Oct 31, 2012 11:15 pm Post subject: |
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| The rules for settlement as a dependent of a work permit holder and a PBS dependent are different hence the different advice. |
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sushdmehta
Moderator
Joined: 17 Mar 2006
Posts: 21252
Location: does it matter?
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| Posted: Wed Oct 31, 2012 11:35 pm Post subject: |
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And so are the rules for dependant of a PBS or non-PBS migrant who applied for settlement under long residence.
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Mako
Junior Member
Joined: 19 Oct 2011
Posts: 27
Location: UK
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| Posted: Thu Nov 01, 2012 8:07 am Post subject: |
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Unfortunately I'm unable to shed any further light on your case memyself&I.
For anyone who's been following my story and is in a similar predicament, I've written and received a reply from the UKBA Settlement Ops Team and their advice concurs with the advice I've been given here. Email extracts below:
From: Settlement Ops Policy Mailbox
Sent: 31 October 2012 10:39
To: Mako
Subject: Re: From spouse of WP holder to spouse of settled person (long residence)
Dear Mako
Thank you for your email.
If your wife was granted leave to enter or remain in the UK as the spouse of a person granted limited leave as a Work Permit holder under paragraphs 194-196C of the Immigration Rules, she will be eligible to apply for ILR under paragraph 196D (ii) of the Rules. Based on the information given in your email your wife will be applying as the wife of a person who has indefinite leave to remain in the UK and who had limited leave to enter or remain in the UK under paragraphs 128-193 immediately before being granted indefinite leave to remain. She will of course need to meet all the requirements in paragraph 196D.
I hope this information is useful.
Settlement Operational Policy
From: Mako
Sent: 29 October 2012 11:13
To: Settlement Ops Policy Mailbox
Subject: From spouse of WP holder to spouse of settled person (long residence)
Hi
I came to UK in 2001 on a student visa, extended in 2005 and switched to Fresh Talent: Working in Scotland in 2006. I then switched to (old style) Work Permit in 2008, and in 2011 I successfully applied for settlement under 10 year long residence.
My wife came to the UK (on visa as my dependent) in 2004 and she has been included in every application/extension I made since her arrival, apart from my SET(O) application under long residence which doesn't permit dependents to be included. Her visa (as a dependent under my work permit) is due to expire January 2013.
I have received varied advice on which immigration rules cover my wife and whether she’s eligible for settlement using form SET (O) or an extension of stay using form FLR (M). Could you please clarify for me which form my wife should apply under, and which immigration rules cover the extension?
Thank you very much for your help.
Regards
Mako
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Mako
Junior Member
Joined: 19 Oct 2011
Posts: 27
Location: UK
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| Posted: Fri Nov 02, 2012 2:21 pm Post subject: |
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Success at Croydon! Finally! Thank you all for the advice!
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REEMAARYA
Newbie
Joined: 18 Dec 2012
Posts: 1
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| Posted: Tue Dec 18, 2012 10:45 pm Post subject: |
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hi,
my husband joined me as work permit dependant ( i was on work permit).
i have now got my ilr as i completed 5 year work permit.
is it right that as he was work permit dependant he can now also apply for ILR without completing the 2 year qualifying period. this is under rule 196D. i am getting mixed messages. |
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