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Dependant ILR with new Entry clearance b/w qualifying period

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Sep08T1Applicant
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Post by Sep08T1Applicant » Tue Aug 06, 2013 11:07 am

vinny wrote:However, E-ILRP isn't applicable here because E-ILRP.1.3 isn't applicable for applications under 319E.
Ok, thanks for the information, I can understand this is relevant to settled/British/in the UK with refugee leave or as a person with humanitarian protection whereas 319 E is relevant to PBS dependant. I will wait for UKBA's response.

Regards,

Sep08T1Applicant
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Post by Sep08T1Applicant » Tue Aug 06, 2013 11:40 am

Hi Vinny or anyone who is in the same boat,
I really want an opinion and to share some thoughts through your experience. I have a plan to see Level 2 OISC registered solicitor but I have seen so many people says the same thing that solicitors are just trying to get money.

I was actually planning to apply my wife settlement with me by combining previous dependant leave and including this current leave which will be all together 3 years 10 months at the time of application and I thought I will seek discretion on the following basis (5 year rule implementation reasons):

1) Basis of increasing 2 years to 5 years probationary period is to check the relationship is Genuine and Subsisting and to prevent migrants who have not paid taxes or national insurance contributions from taking advantage of the welfare system before non-EEA migrant partners may apply for settlement.

We have all the required document to prove that, within the second day of our marriage me and wife were here. We had our two kids born here.

2) Contribution towards the society

It is not that my wife is new to society, she worked and contributed here. She was a taxpayer. I am just trying to see and evaluate every possibilities I can think of.

3) Compassionate reasons

Immigration rules are constantly changing, I do understand changes in rule are for valid reasons and relevant people should keep an eye on but I would like you to understand that not everyone can do that. In my case I was totally unaware of the rule changes and I thought we are good enough as my wife is completed more than 2 years and 8 months (January 2009 - October 2011) and we did make an in-time application but there are few times in life when you have no other options apart meeting your parents and specially when one of them is going through some life threatening illness. Although we did withdraw the application and went back.

We have got evidence to prove all the above points. I thought I will do this just to try an option only if they accept first/initial entry clearance for my wife. In case if UKBA refuse my wife's application then I will try and appeal and at that time if there is any need I will hire a solicitor. To be very frank I am more worried about day by day changing things after experiencing post 9th July 2012 rules that is why I wanted to get my wife's ILR with me. My two kids are born here so by virtue of 1(3) I will register them using MN1. What do you think (just opinion)?, do you think one can contest that? just wanted to take your experience and other people experience if anyone else is reading this to make my mind.

I thought I will ask them as there are transitional arrangements for pre 9th July 2012 applications and there are no arrangements to cater people like me on the basis if applicants have a lawful and valid stays with genuine and subsisting relationship and contributed towards society (though little but at least something)

I am also surprised are there very less people unfortunate like me who is not in the same boat. Syb007 is the one and I am still waiting to see what happened to her wife's application.

Kind regards

geriatrix
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Post by geriatrix » Fri Aug 16, 2013 7:29 pm

Sep08T1Applicant wrote:Just something to add here from " Family members of points-based system migrants -This guidance is based on the Immigration RulesCombining Leave For ILR (Page 33)

Can you shed some light on this?
Pretty clear that the dependant must have had immigration status of spouse, civil partner, unmarried or same-sex partner
Combining leave for ILR wrote:If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
Life isn't fair, but you can be!

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Post by Sep08T1Applicant » Fri Aug 16, 2013 7:48 pm

sushdmehta wrote:
Sep08T1Applicant wrote:Just something to add here from " Family members of points-based system migrants -This guidance is based on the Immigration RulesCombining Leave For ILR (Page 33)

Can you shed some light on this?
Pretty clear that the dependant must have had immigration status of spouse, civil partner, unmarried or same-gender partner
Combining leave for ILR wrote:If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-gender partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
Thanks sushdmehta for your response, yes I do understand that very clearly that means dependants as a PBS dependant should also include as my wife was my partner visa wise my dependant and her initial entry clearance should count, I am not talking about my wife stay to count since 2006, my concern is at least they should count my dependant initial entry clearance towards 5 years probationary period.
Last edited by Sep08T1Applicant on Fri Aug 16, 2013 8:03 pm, edited 1 time in total.

geriatrix
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Post by geriatrix » Fri Aug 16, 2013 7:56 pm

Feedback to the concern here.
Continue your queries / concerns in that topic (easy to focus on 1 topic).
Life isn't fair, but you can be!

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Post by Sep08T1Applicant » Fri Aug 16, 2013 8:04 pm

sushdmehta wrote:Feedback to the concern here.
Continue your queries / concerns in that topic (easy to focus on 1 topic).
Ok, thanks I will do that, thanks very much for your time, I really appreciate it

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