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Spouse HSMP - ILR application

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anandsun
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Joined: Tue Jan 13, 2009 3:12 pm

Spouse HSMP - ILR application

Post by anandsun » Sun Feb 08, 2009 1:17 pm

--Deleted--
Last edited by anandsun on Wed Apr 08, 2009 12:28 pm, edited 1 time in total.

vinny
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Post by vinny » Sun Feb 08, 2009 11:52 pm

If your wife is a HSMP holder, then she is not considered as a dependant. Unfortunately, I believe that only dependants may be included with the main applicant.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

anandsun
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Joined: Tue Jan 13, 2009 3:12 pm

Post by anandsun » Mon Feb 09, 2009 10:06 am

Thanks Vinny. So which of the 2 options do you suggest I should go with?

1) I apply for ILR and my wife then applies for a Spouse Visa.
2) My wife switches to dependant on my HSMP and I can include her in my ILR application.

And is (2) a tested and viable option?

Thanks.

republique
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Post by republique » Mon Feb 09, 2009 10:54 am

Shame you switched her off dependent hsmp, or it would have been easier

anandsun
Junior Member
Posts: 55
Joined: Tue Jan 13, 2009 3:12 pm

Post by anandsun » Mon Feb 09, 2009 6:40 pm

Can someone suggest please?

anandsun
Junior Member
Posts: 55
Joined: Tue Jan 13, 2009 3:12 pm

Post by anandsun » Tue Feb 10, 2009 4:08 pm

Anyone? Its quite urgent.. Thanks.

bsbs
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Post by bsbs » Mon Feb 23, 2009 9:54 am

She can't apply for ILR witn you. She is not eligible now as her status is HSMP not a dependant so she can't apply for ILR as 2 years dependant status.

RiFF
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Post by RiFF » Mon Feb 23, 2009 10:17 am

Option 1 is far more viable and tested in your scenario.
Skeptic

nsskiran
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Posts: 12
Joined: Thu May 22, 2008 3:23 pm

Post by nsskiran » Thu Mar 05, 2009 7:04 pm

Guys,

Mine is also the same situation.

My wife is on HSMP and not a depedent.

I got a HSMP and will be completing 5 years in August 2009.

Can I apply for a dependent visa for my wife before applying ILR ?

Does she need to travel back to India to get stamped as a dependent or can that be done by applying here itself

Please advise.

Many thanks in advance

Kiran

anandsun
Junior Member
Posts: 55
Joined: Tue Jan 13, 2009 3:12 pm

Post by anandsun » Thu Mar 05, 2009 7:20 pm

Hi,

You can no longer apply to switch to a dependant from within the UK. Your wife will have to go back to your country of origin to get the dependant stamped. However, I dont see that being a guarantee that she can apply for an ILR with you.

--A

Tier1Visa_2008_Tier1Visa
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Posts: 79
Joined: Thu Mar 05, 2009 9:53 pm

Post by Tier1Visa_2008_Tier1Visa » Thu Mar 05, 2009 10:18 pm

- Sorry Wrong Posting..
Last edited by Tier1Visa_2008_Tier1Visa on Thu Mar 05, 2009 10:42 pm, edited 1 time in total.

anandsun
Junior Member
Posts: 55
Joined: Tue Jan 13, 2009 3:12 pm

Post by anandsun » Thu Mar 05, 2009 10:40 pm

Hello Tier1Visa_2008_Tier1Visa,
Can you please log your query in the appropriate topic and not hijack somebody else's query? We obviously are discussing ILR and dependants and your query is not related to this.

Appreciate if you could post your query under the appropriate topic.
--A

keshgrover
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Post by keshgrover » Thu Mar 05, 2009 10:49 pm

anandsun wrote:Hello Tier1Visa_2008_Tier1Visa,
Can you please log your query in the appropriate topic and not hijack somebody else's query? We obviously are discussing ILR and dependants and your query is not related to this.

Appreciate if you could post your query under the appropriate topic.
--A
You are right mate. People are taking the mig these days on this site.
KESH

nsskiran
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Post by nsskiran » Fri Mar 06, 2009 9:35 am

Hi,

I just got called the Home office and got answer for my query.

My wife will not be able to get an ILR along with me as she is not a dependent on me.

The only way she could get the ILR is by converting her status to dependent on my HSMP visa.

For converting the status to dependent she had to travel back to country of her origin.

If she is not converted to dependent she could only get the ILR in her own visa capacity after completing 5 years.

Thats what they said.

Hope this could help someone with the same kind of problem.

anandsun
Junior Member
Posts: 55
Joined: Tue Jan 13, 2009 3:12 pm

Post by anandsun » Fri Mar 06, 2009 11:24 am

Hi nsskiran,

Thanks for sharing this info. But if you call HO back and ask the same question, you might get a different answer this time. The problem is the 08706067766 guys dont know most of the stuff themselves. When I called, they said that you can try changing your wife's status to HSMP dependant, but we cannot guarantee that we will grant her an ILR along with you.

So I decided not to take that chance. As with the current rule changess, there are rumours that dependants might not be allowed to work anymore (not confirmed news). So we have decided to apply for my wife's HSMP extension whereas I apply for an ILR.

Cheers,
A

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