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applying for ILR, wifes was not a dependent BEFORE...!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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gvijaygadde
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applying for ILR, wifes was not a dependent BEFORE...!

Post by gvijaygadde » Mon Dec 13, 2010 5:28 pm

Hi,

I am in some kind of vierd situation.':cry:' ':shock:'

I am currently on Tier1 visa ( HSMP Extention )
By July,2011 - I am completing 5yrs in UK ( 1.5 Year on Work Permit,
2 Yers - HSMP, 3Years on Tier1 )

My wife, first came to UK as my Dependent and stayed in UK for 3months (2008-May to Auguest) and then since she got HSMP approval letter - she gone back to INdia and applied for HSMP - and got visa till 2011 September.

Baby boy born in UK and he got Indian passport and dependent on my Tier1 visa.

Wilfe travelling to India during January-2011 and change her visa status from Tier1 to Tier1 depedent and come back into UK.

And as I am completing my 5yrs in UK by July,2011. I am planning to file for my ILR along with wife passport and baby passport ?

Could I ask, all experts here - is it all OK - if I file my wife passport as well alongwith by ILR application?

Thanks and regards,
VIJAY :cry: :shock: :shock:
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gvijaygadde
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Not sure, why no one replied to my post...is there any wrong

Post by gvijaygadde » Wed Dec 15, 2010 12:33 pm

Not sure, why no one replied to my post...is there any thing wrong in my post.
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vinny
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Post by vinny » Wed Dec 15, 2010 1:13 pm

If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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eager2learn
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Post by eager2learn » Wed Dec 15, 2010 2:04 pm

vinny wrote:If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
I think thats when she applies individually.

In this case she is applying with the main applicant so this 2 years rule doesnt apply.
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geriatrix
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Post by geriatrix » Wed Dec 15, 2010 3:56 pm

eager2learn wrote:
vinny wrote:If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
I think thats when she applies individually.

In this case she is applying with the main applicant so this 2 years rule doesnt apply.
It does, unless the OP is applying for settlement under the HSMP JR policy.


regards
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gvijaygadde
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I am more than enough confused with these replies.

Post by gvijaygadde » Wed Dec 15, 2010 4:42 pm

May be it is better leave it here...will find full information when I am nearer to the time.
For some reason, the activity on this forum has gone down and replies are not very clear / easy to read.

No problem what ever we got, should be happy with that. That OK.

But apart from all these, I already sent my querry to couple of other expers. When I received a confirmed details will post full resolution on the same.

** So far, if I reeived few replies...but still waiting on still more accurate information: It is all OK, even one day before wife's visa changes to a Main applicant dependent - still the application would be successfull
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eager2learn
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Post by eager2learn » Wed Dec 15, 2010 7:01 pm

sushdmehta wrote:
eager2learn wrote:
vinny wrote:If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
I think thats when she applies individually.

In this case she is applying with the main applicant so this 2 years rule doesnt apply.
It does, unless the OP is applying for settlement under the HSMP JR policy.


regards
Only the people who will apply for ILR under hsmp jr can have their dependent spouse 2 years criteria removed? Why is that?
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geriatrix
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Post by geriatrix » Wed Dec 15, 2010 7:40 pm

eager2learn wrote:Only the people who will apply for ILR under hsmp jr can have their dependent spouse 2 years criteria removed? Why is that?
Because requirements for indefinite leave to remain as dependant(s) of HSMP JR protected migrant(s) are covered by immigration rules 196D, 197 and 199, which are different from the requirements for indefinite leave to remain as dependant(s) of a Tier 1 (General) migrant(s) (319E & 319J).


regards
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geriatrix
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Post by geriatrix » Wed Dec 15, 2010 7:51 pm

gvijaygadde, vinny's response above answers your queries adequately.


regards
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eager2learn
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Post by eager2learn » Wed Dec 15, 2010 8:43 pm

sushdmehta wrote:
eager2learn wrote:Only the people who will apply for ILR under hsmp jr can have their dependent spouse 2 years criteria removed? Why is that?
Because requirements for indefinite leave to remain as dependant(s) of HSMP JR protected migrant(s) are covered by immigration rules 196D, 197 and 199, which are different from the requirements for indefinite leave to remain as dependant(s) of a Tier 1 (General) migrant(s) (319E & 319J).


regards
319 E says the spouse has to remain with the applicant for atleast 2 years here but doesnt have to be on the dependent status for this 2 years.
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vinny
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Post by vinny » Wed Dec 15, 2010 9:33 pm

That's correct. However, she does have to be on dependant status at the time of the settlement application. Sorry if that wasn't clear from the given links.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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indran
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Post by indran » Fri Dec 28, 2012 12:59 pm

Vinny,

I am in similar situation as eager2learn and have been calling the home office to discuss in detail on 319E(d) but they keep saying that the spouse has to be dependent for 2 years. I spoke to about 7 home office workers and they all said the same thing. I even asked them to interpret the 319E and they interpret differently from what discussed here. I am confused if I should go for ILR for my dependent or extend their current pbs dependent and wait till they complete the 2 years before get them ILR. I am very concerned now, why all the home office workers are consistenly saying that it has to be 2 year as dependent. None of them say, what you are saying. Why?
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ban.s
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Post by ban.s » Fri Dec 28, 2012 1:59 pm

indran wrote:Vinny,

I am in similar situation as eager2learn and have been calling the home office to discuss in detail on 319E(d) but they keep saying that the spouse has to be dependent for 2 years. I spoke to about 7 home office workers and they all said the same thing. I even asked them to interpret the 319E and they interpret differently from what discussed here. I am confused if I should go for ILR for my dependent or extend their current pbs dependent and wait till they complete the 2 years before get them ILR. I am very concerned now, why all the home office workers are consistenly saying that it has to be 2 year as dependent. None of them say, what you are saying. Why?
Have you received any written confirmation from HO or all verbal advice?
It seems all 7 have provided incorrect advice.
I would ask for written clarification.
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indran
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Post by indran » Fri Dec 28, 2012 2:11 pm

ban.s

I asked for written confirmation and they get angry discussing about this in detail. They said, the written rules are in the website and they cannot provide further into. The guy I was speaking was very keen to end the call. Do you think there is a chance to be successful after argue with the the case worker when apply in person? Does the time permit for detail discussion. What can be the worst case, can they reject my dependent application and not to refund the fee? Is there any chance to appeal if that happens?
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ban.s
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Post by ban.s » Fri Dec 28, 2012 2:41 pm

by written confirmation I meant sending an email with your queries instead of telephonic conversation. People tend to check facts carefully before replying to emails / letters, so hope you'll receive correct advice from HO.

there is no point speculating the outcome and next steps.

PS: if you search the forum, you'll find other older posts on similar cases with successful outcome.
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indran
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Post by indran » Fri Dec 28, 2012 2:53 pm

ban.s,

Good thinking. Do you have home office email address. I only could find their postal address. I will send them a post but would prefer email. Thank you.
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indran
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Post by indran » Mon Jan 14, 2013 10:41 pm

ban.s,

I wrote to HO as per your advice querying about my wife's ILR eligibility just to get their response in writing and I've just received a letter from HO saying that she will not be eligible for ILR now since she has not been in my dependent visa for last 2 years. She previously had her own HSMP and Tier 1 (general) visa before switching to my dependent 8 months ago. HO stated the following " After switching into this category any time spent as HSMP visa holder cannot be combined to reach two years. She can submit a PBS (Dependent) application form with you to complete two years in the UK".

So i guess, she may end up extending her dependent visa for now but we will try our luck to see if she can get ILR. I am afraid they will reject my wife's application after collecting the fee.

What is your opinion about this? Please advice.


Regards,
Indran
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xpscapable
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Post by xpscapable » Tue Jan 15, 2013 10:04 am

This is not true for our case. My wife has been living for me for a while but only my dependent on my T1 for the past year.

We got it approved, the requirement is:

* cohabitation for 2 years
* is a dependent at the time of ILR application

The CW did query this since she's only my dependent for a year, but after we explained that we have cohabitation proof for > 2 years she said OK.
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indran
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Post by indran » Tue Jan 15, 2013 11:11 pm

xpscapable,

Thank you for your response. That was very helpful. I will try my luck and hopefully, my CW is reasonable.

Regards,
Indran
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ban.s
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Post by ban.s » Tue Jan 15, 2013 11:37 pm

indran wrote: HO stated the following " After switching into this category any time spent as HSMP visa holder cannot be combined to reach two years. She can submit a PBS (Dependent) application form with you to complete two years in the UK".
I would reply to HO and ask them to clarify the above statement in view of 319E(d)(i) as it contradicts the Immigration rules.

BTW - when are you planning to apply for ILR?
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indran
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Post by indran » Wed Jan 16, 2013 1:26 pm

Ban.s,

I need to apply before 5th Feb. Sadly, UKBA cancelled all my PEO appointments since I had more than one appointment booked. Now, I do not have any appointment booked for me with dependent. I only managed to book for myself. I guess they leave me with no choice to apply separately and for my dependent to apply for PBS extension unless if i can find an appointment for all of us before 5 Feb which proved to be very difficult.

Maybe , I wrote to them regarding the rule which made them to cancel my appointments.

Regards,
Indran
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