Q re: ILR for Indian HSMP with Hungarian spouse

Dear All,

Please can you help me with my question?

I have been in the UK working for just over 4 years now. I was for 2
years on a work permit and then I got an HSMP visa and
have been here for 2 years since that, so that makes it 4 years and I
qualify to apply for ILR.

My Date of arrival in UK : June 2001

I got married here to my wife who is Hungarian in July 2003 while she was
here on a tourist visa visiting me. We were seeing each other
this way since 2001.

Soon after, in September 2003 we went to Hungary together and she
came back to the UK with me on a HSMP Spouse visa, instead of a
tourist visa. So now she's been here with me since then without having to
go back to Hungary every time.

Now that I qualify to get my ILR or PR, can I put her name in the
application form as my partner?

She is my wife, we got married here and have a certificate to prove it and
have been living here since then. And she came here with me on a
spouse (HSMP dependant) visa.

Does that fact that she is hungarian affect our application? I would like to
include her in my application instead of her applying seperately / later
using one of the EEC forms..

Can I do that? Please do advise me, I would sincerely appreciate it.
Thanks
-Darius

Yes u can.

Thats what I thought, ND. Thanks for your prompt reply.

However, today when I made the call to get an appointment I was
asked if I have any questions..

I asked about my wife, and was initially told that I can add her in my
application.

But when I mentioned that she is Hungarian, I was asked
how long she's been here, when/where did she start working, and I was
told that she needs to apply seperately, after 1 year from now, using form
EEC2.

That baffled me completely and so this post..

Is there anywhere I can look at on the internet to give me more info to
confirm that I can indeed include her in my application?
Thanks again,

Darius

Dear ND,

I got this message from another post to which I had asked the same
question:

############################################
I think the rule is if you've been married for more than 4 years then you can include her on your ilr application, but you say you only cohabitated for 4 years and married for 2 so I'm not sure that will work
############################################

I was under impression that if I am married for 2 years then my spouse
can also be in the application, which information I got from this link:

http://www.ind.homeoffice.gov.uk/ind/en ... tners.html


Can you please inform me from where you got your information.
Thanks again.

dmedhora,

1. Ignore comments from IND phone line and re-book appointment.

2. Include your spouse as a dependent in the settlement application. It is your choice (and hers by default) to have it considered under the immigration rules as opposed to EU law. Submission of SET(O) form indicates such to the Home Office.

good luck

dmedhora,

Sorry for my delayed response. I think the person from IND gave u wrong information.

Thats only if you are already a ILR Holder or Citizen but u are not yet a ILR Holder or Citizen and u are already married to u'r spouse.It does'nt matter if shes from hyngaria or UK.All it matters is if you are married to her or not and proofs of these.

Couple of weeks back one of my friend whos living here from past 4 years on WP(hes from india) got married in May and he came back with his partner(indian) in june and applied for ILR.Both of them got ILR without any issues.

As Kaya explained to u there is a section in SET(O) form in which u need to fill in u'r partners details.

Please check that form. Hope this helps.

Thanks to both of you kaya and ND

I appreciate your responses.

I'll try and hopefully there should be no probs.

cheers.

- Darius

Hi again,

ok, from what I understand whether or not my spouse is from Hungary,
India, or UK or wherever, it does not matter if we apply using
Immigration rules (via marriage), as opposed to EU law.

However since Hungary joined the EU last year in May, when the time
came for me to renew my HSMP in Aug 2004, I did so, but our lawyer said
that she doesn't need to do the same.

Rather she needs to register with the worker registration scheme, which
she did and has a home office document for that as well which simply
expires only when she quits her present job - which she doesn't plan to.

Now how does this change the situation? or does it?

Can you please let me know? !Thanks!
darius

I do not think that will change the situation.(From what I know)

You can go ahead with u'r ILR Application and include u'r wife as a dependant if you want her to be a Permanent Resident here.

I totally agree with ND .... complete a form SET(O) and include your wife on that as a dependent. Both of you should be issued with ILR visas.

Hi again,
Well unfortunately my wife did **not** get the ILR visa on her passport.
I got the ILR visa on my passport.

We both went there and even though now she is on the
Worker Registration Scheme, but, since her HSMP visa expired
in Aug 2004 they didn't think she could apply in line with
my application. When it did expire last year she didn't
renew it with mine because the lawyer and even the embassies
we asked said that she doesn't need to.

Though she can freely live and work here because Hungary
has joined EU, the problem is, it will now take her much longer
to get ILR and naturalised as a citizen, which is what we wanted to
avoid by putting her name with mine on the application -
which even now seems legitimate to me..

Is there any other avenue I can look at folks?
If you need information I can provide it ofcourse,
Thanks again,
- Darius

as of now i can only say wait for one year and get your citizenship

and once you have naturalised then your wife can immediately apply for citizenship

Its very surprising that they did not give ILR for your wife. But there is noting you can do now to speed up the process.

I think as she is not on a HSMP Dependant visa they did not give the ILR.But that does'nt make sense , aslong as you show them clearly the marriage certificate and other proofs of your marriage and included her on u'r application.

I am sure you provided all these.But i dont understand y they have not issed ILR for your wife.

John can you tell us your openion on this.

Hi,

Thanks Olisun, ND for your comments.

I don't understand why they didn't give her the ILR either.

We took all relevant papers, docs, certificates, etc.
They even took my wife's photos, looked at the marriage certificate etc.

If it is indeed because her HSMP spouse dependant visa expired
last year, then I feel that they *don't* have a rule to accomodate this
kind of situation. Because, clearly, we were advised last year when it
was time to renew the visas that only I need to renew mine, since her
being from Hungary ( which gained accession status in 2004 ) meant she
doesn't need to renew it anymore and just go for WRS.

If she would have been from India, then we would have HAD to renew
her HSMP and now she would have got ILR as well, isn't it?

So now what do I/(we) do?
I think it is wrong what happened.

1) If I do apply for citizenship after 1 year, then once i get naturalised can my wife indeed apply? - without any more problems, since she is an EEA person? She obviously doesn't have any faith or certainty now. How long will she need to wait before she can get the same?

2) I would like to know if what they did was legal and correct. Because if not, then I'd like to appeal / approach them again. I wasn't very impressed with their organisation. Maybe I can undo this.

I had also approached ( via email ) my lawyer before applying for PR
but unfortunately got no reply as he is no longer with the law firm
in question.

Hoping to hear from you,
- Darius

Hi This is the reply i just got from my lawyer. I had asked this question
BEFORE I went to apply for PR for me and my wife.
I don't understand why its as mentioned..

"
I confirm that you can apply for yourself and your wife although her ILR application will depend
on the caseworker own discretionary."

How can discretion come into law? What is the law/rule/policy that is
implied in my case? Does anyone know? All I need to know is what and why? Am I falling into some kind of glitch in the system or what?

Hope to hear from you.
Thanks,
- Darius