PR for wife, less than 2 year - husband on Tier 1 currently

Hi

I have been told by a solicitor that the wife does not require to complete 2 years to get PR, when applied along with husband (family PR). Husband is on Tier 1 (2 years), before WP for 3 years.

I tried to search on this but could not get any information. Could any one throw some light on this?

Thanks
Chandra

Depends what you are defining as being necessary for two years. To apply jointly with you, she needs to have been married for two years, and have lived in the UK for two years. She does not need to have been your PBS dependant for two years; merely that she is your dependant now, and having met the two other requirements.

This is my friends situation, they have been married for 1 year and she moved to UK after their marriage, which is also 1 year.

Even I was in the same situation last year, but I applied on my own thru PEO. I applied myself for PR and got it; and for my wife I applied FLR(m), they gave visa for 2 years, anyways this is last year, now my wife is eligible for PR this November.

Lucapooka wrote:Depends what you are defining as being necessary for two years. To apply jointly with you, she needs to have been married for two years, and have lived in the UK for two years. She does not need to have been your PBS dependant for two years; merely that she is your dependant now, and having met the two other requirements.

Your friend's wife will have to wait until she has completed two years residence. When her partner get ILR, she can use FLR(M) to switch, and then wait until she accumulated two years since arrival in the UK as PBS dependant)

I also told my friend the same, but he said one solicitor told them that if they apply together then both will get PR, she don't need to complete 2 years. Which is surprising, because I did not find this rule(?) anywhere. So lets wait and watch, he applied to solicitor last week, next week he will come to know the result. I will post the updates.

Lucapooka wrote:Your friend's wife will have to wait until she has completed two years residence. When her partner get ILR, she can use FLR(M) to switch, and then wait until she accumulated two years since arrival in the UK as PBS dependent)

That would be the case if your friend is under the previous work-related rules. However, you have indicated that he switched into the PBS system. Maybe it's better if your friend asks his own questions as then he can elaborate on his exact situation.

Just to inform.. my firend and his wife got the PR y'day.

Spouse need not wait for 2 years to complete in UK to get PR.

Lucapooka wrote:That would be the case if your friend is under the previous work-related rules. However, you have indicated that he switched into the PBS system. Maybe it's better if your friend asks his own questions as then he can elaborate on his exact situation.

Interesting to note, but also completely at odds with the immigration rules. I wonder if you have cited your friend's circumstances correctly?

319E (d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

Yes, even I have no clue how it works. He applied thru a solicitor. He married last july. His wife came to UK in last Sept, this aug they applied for PR and got it. Even i was in same situation last year, i am not aware of this , so I applied for PR myself and applied FLR(m) for my wife. I wasted money n time.

Lucapooka wrote:Interesting to note, but also completely at odds with the immigration rules. I wonder if you have cited your friend's circumstances correctly?

319E (d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

Not necessarily. I can only think of this an oversight. What happened to him would not necessarily have happened to you. The reason this rule was introduced with the PBS was to bring migrant workers into line with the rules for settled residents whose partners have to endure 2 years of temporary residence. Previously, a migrant worker could get married on Monday, bring their spouse to the UK on Tuesday, and apply for ILR jointly on Wednesday, with absolutely no residence period requirement for the dependent partner. Clearly discriminatory in every way.

Although I would like to hear Greenie's and/or Vinny's view on this.

Lucapooka wrote:Not necessarily. I can only think of this an oversight. What happened to him would not necessarily have happened to you. The reason this rule was introduced with the PBS was to bring migrant workers into line with the rules for settled residents whose partners have to endure 2 years of temporary residence. Previously, a migrant worker could get married on Monday, bring their spouse to the UK on Tuesday, and apply for ILR jointly on Wednesday, with absolutely no residence period requirement for the dependent partner. Clearly discriminatory in every way.

Although I would like to hear Greenie's and/or Vinny's view on this.

i can only imagine that the op's friend was in fact an hsmp migrant and covered by the hsmp judicial review policy-hence why the solicitor advised that the wife didn't need to complete the two years and why she was successful as the rules for ilr as a PBS dependent are clear and two years in the UK is required.

I am sure sushdmehta will have an opinion on this also.

Lucapooka wrote:Not necessarily. I can only think of this an oversight. What happened to him would not necessarily have happened to you.

Greenie wrote:i can only imagine that the op's friend was in fact an hsmp migrant and covered by the hsmp judicial review policy

Agree.

gd_chandrasekar wrote:He married last july. His wife came to UK in last Sept, this aug they applied for PR and got it.

Your friend - either an HSMP covered migrant or just lucky (oversight by caseworker)!