Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

WP Dependent to ILR ( Less than 2 years)

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

Locked
go-fish
Newly Registered
Posts: 27
Joined: Fri Jun 19, 2009 4:19 am

WP Dependent to ILR ( Less than 2 years)

Post by go-fish » Mon Dec 14, 2009 4:41 am

I have a specific question.

I am planning to move to UK on dependent visa. My wife is a Tier 2 visa holder. She will qualify for ILR in Oct 2010 based on 5 years on work permit.

Now my question is in Oct 2010 when she will apply for ILR and I will be still on Tier 2 Dependent with less than 2 years of stay, what kind of application will I be required to fill and what would be my status then?

vinny
Moderator
Posts: 28347
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Dec 14, 2009 4:59 am

Can you clarify if she's a work permit or a tier 2 holder before applying for ILR?

Spouses of work permit holders to not need to spend at least 2 years in the UK before applying for ILR (196E). However, spouses of Tier 2 holders do (319E).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

go-fish
Newly Registered
Posts: 27
Joined: Fri Jun 19, 2009 4:19 am

Post by go-fish » Mon Dec 14, 2009 6:11 am

She is on work permit.

I used to think that work permit is called as Tier 2 General now and all rules of WP apply to Tier 2. Is there any difference in rules?

vinny
Moderator
Posts: 28347
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Dec 14, 2009 9:25 am

They are subject to different requirements as specified in the Immigration rules. Click on the links above.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

carryon
Newly Registered
Posts: 11
Joined: Tue Jun 23, 2009 3:18 pm

Post by carryon » Mon Dec 14, 2009 5:52 pm

when you say tier 2 is this work permit based on point based system that was introduced in late 2008, so if a person is based on the old work permit that is post tier 2 and if he wants to apply for ILR along with his spouse who has spent less then 2 years in the country, the application for ILR will be considered in the same application is it and the 2 year requirement for spouse or dependent does not apply, your advise in this regard is highly appreciated

go-fish
Newly Registered
Posts: 27
Joined: Fri Jun 19, 2009 4:19 am

Post by go-fish » Mon Jan 18, 2010 3:19 am

As per my understanding, I see 2 options:--

1) Either I apply as dependent when my wife is WP holder, get a dependent visa and when she applies for ILR, she adds my name in the application.

2) Or I do not apply for dependent visa right now, and when she applies for ILR , at that time she can add my name in the application.

I do not intend to move to UK immediately since job market is not good and we do not want to pay the visa fees twice if both the options lead to one thing.

Can someone advice if I choose the second option and I am outside UK at the time of ILR application, will I get ILR along with my wife or limited leave to stay ( 2 years) or my case will be rejected?

go-fish
Newly Registered
Posts: 27
Joined: Fri Jun 19, 2009 4:19 am

Post by go-fish » Mon Jan 18, 2010 3:48 pm

Please reply.

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 5:14 pm
Location: London

Post by f2k » Mon Jan 18, 2010 5:41 pm

go-fish wrote:As per my understanding, I see 2 options:--

1) Either I apply as dependent when my wife is WP holder, get a dependent visa and when she applies for ILR, she adds my name in the application.

2) Or I do not apply for dependent visa right now, and when she applies for ILR , at that time she can add my name in the application.

I do not intend to move to UK immediately since job market is not good and we do not want to pay the visa fees twice if both the options lead to one thing.

Can someone advice if I choose the second option and I am outside UK at the time of ILR application, will I get ILR along with my wife or limited leave to stay ( 2 years) or my case will be rejected?
option 2 is invalid. you have to be in the UK to be able to have your wife include you.

What you could do though is when your wife gets ILR you can then apply for a 'spouse visa'
http://www.ukba.homeoffice.gov.uk/partn ... s/#header1

go-fish
Newly Registered
Posts: 27
Joined: Fri Jun 19, 2009 4:19 am

Post by go-fish » Mon Jan 18, 2010 9:43 pm

If I get spouse visa after her getting ILR, I would be on probationary period of 2 years.

If I get dependent visa and just visit my spouse in UK at the time of ILR appointment, can I still get ILR? Someone mentioned before in this forum that for ILR applications through WP, residential qualifying period is not required for WP dependents.

Locked
cron