ILR Rejected for wife - please help

[helpmyilr]

Hi,
My wife is with me in UK since Dec 2006 on Tier 2 dependent visa. I got my ILR done in July 2011 via the premium service. My wife and son could not apply with me due to some reason.

I then sent a postal application for them seperately as SET(M). Today I received a rejection on the grounds that she has not completed 2 years post me getting ILR granted. I also cannot appeal against this decision as per the letter.

Please could you suggest way forward.

[vinny]

See also Husbands, wives and civil partners.

[Greenie]

Why didn't your wife apply at the same time as you? A tier 2 dependent must either apply for ilr at the same time as the main migrant-if the required two years has been completed or must switch on form FLR m and then apply for ilr on for set m once a total of two years as a tier 2 dependent and a spouse of a person with ilr have been completed.

See this post

Where was your son born?

See also this post

[helpmyilr]

Thanks for the prompt reply.

Her passport was not available, so I thought of getting mine one done, thinking that dependent can get ILR stamped easily.

Whats the way forward? Does she have to apply for FLR m and wait for 2 years now? My status has now changed to ILR, so she cannot even apply as Tier 2 dependent now I guess.

My son was born in India.

[geriatrix]

1. FLR(M)
2. SET(M) when 287(a)(i)(d) is met.

Include child in both (above mentioned) applications.

[helpmyilr]

Thanks.
Two last queries please -

1. If I go for FLR(M) for them now, so can apply for SET(M) after 2 years (July 2013). Meanwhile if I go for the naturalization in July 2012, can they still be eligible for ILR in July 2013 or will they have to wait one more year (my naturalization in July 2012 + 2 years); or can they direct apply for the naturalization in July 2013 / July 2014?

2. Can I apply for ILR on;y for my son NOW? If so, what do I need to produce?

[geriatrix]

1. Your wife may apply for settlement whenever she becomes eligible, irrespective of whether you are a settled person or a British citizen at the time of such application. Read 287(a)(i)(d).
2. No (298(i)).

[helpmyilr]

Hi sushdmehta,

Thanks for the guidance. Broadband wasn't working, so couldn't log-in since last 3-4 days.

[vinny]

Hi,

Please could you help me.

I applied for ILR for my wife and son on 1st August 2011 via postal app using SET(M). It got refused in Oct 2011. I then contacted the helpdesk number and discussed the reason and my situation with them. The attendant advised me to send the application along with all the supporting documents and covering letter explaining the situation, to the same address in Liverpool, which I immediately followed and sent everything on 17th Oct 2011.

I then tried to contact the helpdesk couple of times, but was not attended as my application was less than 6 months old.

After the completion of 6 months from my first application on 1st Feb 2012, I tried to check the status again just to know that as my application was refused earlier the helpdesk wont be able to advice anything on the same. The attendant asked me to write to the Liverpool office requesting for the progress updates.

I have sent them a letter more than 2 weeks back, but no response yet.

Just getting worried whats happening with my application as well as all my original documents including passports.

Please could you suggest some way to contact appropriate people at least to get a confirmation that they have my documents with them.

All assistance will be highly appreciated.

Many Thanks.

[vinny]

Not being able to comment on the reason for the original refusal and the subsequent delay, I would suggest that you contact your MP.

[vinny]

Hi Guru,

Thanks for the prompt reply.

I would contact the MP, but as an additional route, is there any other phone number / email id to reach UKBA for further info please?

Many Thanks.

[helpmyilr]

Hi Vinny, Lucapooka, thanks. Do you have any contact details - phone number / email id of the concerned department at Liverpool please?

[Greenie]

so can i clarify - have you submitted another SET(M) application despite the fact that you wife is not yet eligible for settlement?

[helpmyilr]

Yes, as advised by the UKBA helpdesk, I thought of giving it a try just in case they accept this as an exception, considering the fact that though her status had technically changed on 28th July, she has been staying with me in the UK for more than 5 years on the earlier status of T2 dependent.

The helpdesk attendant had told me that the caseworker may consider this as an exception case ...

[Greenie]

what do you mean her status technically changed on 28th July?

[helpmyilr]

She was on T2 dependent till 27th July 2011. On 28th July I got my ILR stamped, so technically her status changed to a person dependent on the person having ILR status.

I applied for her ILR on 1st August using SET(M), but was refused due to this status change.

So I called the helpdesk and explained them situation when they advised me to resend application to Liverpool with a cover letter explaining this situation.

[Greenie]

Her status did not 'technically change' at all. in order to apply for settlement on form SET(M) she needed to first switch on form FLR(M), as you were advised when you attended the PEO and when you asked for advise here. You say it is six months since the original application but this date is irrelevent as this application was refused. The people on the help desk are not legally trained and listening to them is not advisable. You can attempt to get the application expedited by going to your MP but the outcome is almost certainly going to be another refusal as your wife simple does not meet the rules for settlement as the spouse of a settled person for the reasons already explained.

[helpmyilr]

Thanks, appreciate that. Sincere thanks for all the advice provided.

I mainly want to know whether my documents are safe and if getting rejected need to get them back.

Is there any way to reach correct people for the same please?

[helpmyilr]

Hi,

Finally got all the documents back. Now applying for FLR(M) as suggested below. One query on the eligibility period please:

I got my ILR in July 2011, so done this 2 years period start immediately after that and will my wife and sone become eligible for ILR in July 2013 OR does this 2 years period start from the date when they get their ILR dependent visa stamped, e.g. if they get this ILR dependent visa on 1st April 2012, will they become eligile for ILR on 1st April 2014?

[vinny]

After the grant of FLR(M), they may be eligible to apply for SET(M) immediately.

[helpmyilr]

Hi everybody, great piece of information, many thanks again.

[helpmyilr]

Hi,

My wife and son had their biometric around 2 years back while getting their Tier 2 dependent visa. Now as I am applying for their FLR(M), do they need to get their biometric done again? If not, can I apply at the PEO on their behalf?

[Greenie]

Hi,

My wife and son had their biometric around 2 years back while getting their Tier 2 dependent visa. Now as I am applying for their FLR(M), do they need to get their biometric done again? If not, can I apply at the PEO on their behalf?

yes they will need to give biometrics again

no you cannot apply on their behalf.

[helpmyilr]

Hi Greenie, many thanks for the quick response.

[helpmyilr]

sorry to repeat the question, but came across following text on the SET(M) page.

"Can I apply using this form?

You should use application form SET(M) if you:

currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
have lived here for 2 years in this category"

The last part - have lived here for 2 years in this category - is confusing. Does this mean that the spouse should have lived in the UK as the spouse of the settled person on the same category which is FLR(M) for 2 years after FLR(M) or can the stay before FLR(M) - Tier 2 dependent - be combined to calculate these 2 years?