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No.DEAL99 wrote:do I need to give Life in UK for my ILR if My initial HSMP application was approved under rules prior to 6 Nov 2006 ?
From the earlier response it seemed that your wife might have applied before the Nov06 changes and you later on. But in case you also did apply before nov06 changes then it changes things.DEAL99 wrote:if My initial HSMP application was approved under rules prior to 6 Nov 2006 ?
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(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.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.
Wow! Looks like I ticked you off by using the words "dependent visa"!!pkumar wrote:Can you show me where this rule is mentioned that wife /partner has to be in "dependent" visa? .. marraige certificate should be enough?
My understanding is that if you wife has stayed with you for around 2-3 years and in UK also for same time ... she will get ILR.
Please show the guidance note to prove your theory?
Come to think of it, were you under the impression that spouses are not dependents and vice versa? That could explain the confusion!!(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Looks like we are in the same boat!DEAL99 wrote:My wife got her HSMP initial approval in Sep-2006
I got initial approval in N0v-2006. Yes Both based on rules prior to Nov-2006 But later than Apr-2006. Whats your suggestion in this case ?
I don't think so because the Immigration rule (196D(v)) requires the dependent to have a vaild entry clearance in that capacity (i.e.- EC as a dependent). The best place to check this too would be IEB.DEAL99 wrote:Also Can't she do the in-country switching from HSMP -> HSMP Dependent ?
I had sent emails to VFS application centres in North, South and West enquiring about which form and guidance should be used to apply for HSMP dependent and the associated application fee with the following results:DEAL99 wrote:Also, if we opt for option 1 as suggetsed by you and if the home country is India then which category will be applicable for her: (below categories are from vfs-in site)
Work permit/HSMP dependant
Dependant of tier 1 general applicant
Dependant of tier 1 general applicant with HSMP approval letter (transitional arrangement)
For those who applied for HSMP approval between 03-Apr-06 and 07-Nov-06, both the UKBA website and the HSMP Forum judicial review (settlement) policy document (under para 4) clearly state the following:DEAL99 wrote:I have to give Life in UK [ Checked with 1 call/officer ] -> still not able to confirm it. although home office link says I don't.
To be on the safe side, carry a printout of the policy document with you when you go for your ILR appointment.Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.
True! Even I am uncomfortable that one of us will have to undertake a 3 week trip just for this. But the benefits outweigh the risks, bigtime!DEAL99 wrote:Its very difficult to travel on such a short notice - specially when you have baby. In our case it is the worst - as we are just back from India holiday of 5 weeks - could have easily done it.
I would like to know if you have had confirmation of the above yet, as we have case similar to yours.Because in such case you might want to consider option 1 from my response above. If your HSMP was approved on basis of rules prior to 07 Nov 06 changes, then your dependent might not be required to fulfil the 2 year residency condition before becoming eligible for ILR ...