Dear All,
I've been working in the UK for 5+ years under a Tier 2 General visa, and successfully obtained my ILR in December 2019 after submitting a SET (O) application. My wife lives in the UK under Tier 2 Dependent visa. She arrived to the country two months later than me, that is why she applied for her ILR separately. On February 11, 2020 she filed a SET (O) application as a Tier 2 Dependent (and submitted the biometrics on March 17, 2020). Her first Tier 2 Dependent visa was granted on March 17, 2015. Thus, she submitted earlier than 5 years minus 28 days (as her visa expired on February 12, 2020). However, the application guidelines state that the 5 years should be counted from the date the settlement application is decided if this is most beneficial for the application.
Today my wife received the following weird email from the caseworker. Since the caseworker refers to paragraph 245HF (b) of the Immigration rules, it appears that they mistakenly consider her ILR application as Tier 2 General application instead of a Tier 2 Dependent one. We plan to respond briefly by pointing out on this potential mistake and asking to clarify further what else is required from her.
My questions are:
-Under which paragraph of the Immigration rules ILR applications of Tier 2 Dependents shall be considered?
-Would anyone kindly give any comments and/or suggestions regarding the situation and the email of the caseworker? Do you think they actually refer to 5 years not met?
"I am the caseworker dealing with your application for indefinite leave to remain as a Tier 2 Dependant.
After reviewing our records, it is noted that your most recent entry clearance application (Tier 2 Partner) was issued in February 2017, preceding by this (Tier 2 Partner) entry clearance granted in March 2015.
Under paragraph 245HF (b) of the Immigration Rules:
The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant.
With this in mind, could you please provide your full immigration history so I am able to consider your case further."
Many thanks in advance!
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