ILR but when?

Hello everyone,

I have a very simple question to ask but it needs explanation so answer might be accurate. Senior members help please.

I was a Work Permit holder and now a Tier 2 General Visa Holder. I checked the Home Office web site today and got confused since I thought my wife can apply at the same time as I am for ILR.

I got my first UK Entry clearance as work permit holder on the 6th June 2005. I came to the country on the 18th June and started to work on the 20th June 2005.

I met my wife in London when she was on Au Pair visa and we made a decision to get married. She left UK and went to Turkey and we got married on the 17th August 2008 in Turkey. After that she applied to get a work permit dependant visa and she received her entry clearance as Work Permit dependant on the 28th August 2008 and came to the UKon the 3rd September 2008.

On the 28th October 2008 because of changing a job we went to Birmingham Office and received our visas. I received a new Work Permit Visa and my wife received a Work Permit Dependant Visa. The expiry dates on both passports were same which was 27th October 2013.

In 2009 I changed a job and under the new rules on 31st March 2009. I obtained a Tier 2 visa and on 10th June 2009 my wife obtained a Tier 2 Dependant Visa. Both visas have the same expiry date which is 31st March 2012.

My question was about when we will be qualified for ILR? I asked this question to Home Office two different occasions and both of them told me that she can apply for ILR at the same day as I am which I assume is 18th June 2010.

Both just to be sure I asked the same question to two different solicitors and they told me that she can not apply at the same time as I am because she is on Tier 2 Dependant Visa and 319e paragraph d rule applies which is explained on the web site below:

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

(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.

So overall I am confused. When I called to Home Office twice they told me old rule applies since my wife first obtained a work permit dependant visa and obtained Tier 2 Dependant visa afterwards. They told me that because she was on the work permit she does not need to spend two years in UK.

I will kindly ask you to answer the questions below:

1.When will I be able to obtain ILR? Is it one of the below?:
6th June 2010
18th June 2010
20th June 2010

2.When my wife will be able to ILR? Is it one of the below:
18th June 2010
20th June 2010
28th August 2010
3rd September 2010
27th October 2010
10th June 2011

I am not sure when we we will be eligible to apply for ILR.If you could answer my questions at your earliest convenience I would be much appreciated.

Thanks,

Volky

Any seniors please help.

Hi Volkan,

Regarding the date when u can apply for ILR, u can apply for ILR on or after 21st May 2010. Your wife can be included as a dependant on ur ILR application.

Regarding the point you have stated above:

(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.

this is only applicable for ILR applications made separately from the main applicant. (as far as my understanding goes.)

Thanks Rockford. It is very strange that some solicitors say one thing and the others some thing different. It is hard to find the right information.

Since rules for dependents / children of PBS migrants are same irrespective of whether the main migrant is Tier 1 or Tier 2, reading this topic (specifically the last response in the discussion) will be useful to (fully) understand the 2 yr. requirement.

regards

I gave a call to Immigration Advisory Service and they told me that she can not apply at the same time as I am. Rule 319e Paragraph d applies. Means we will wait till 3rd September 2010.