Husband's ILR chances

[Godschild]

Hi

I recently obtained ILR under long residence 10 years category. Two weeks later my husband obtained his spouse visa.

I came to the UK 10 years ago. Got married 18 months later and my husband joined me here 8 years ago.

We are due to have a baby next week, who will be considered British as I have ILR.

My question is, is it possible to apply for my husband's ILR now rather than two years later, via a solicitor? Those applying for ILR with HSMP, WP, Tier 1 can put their spouse's name on the forms and those who have been married and living togethr for four years outside the UK before arriving here can get get the ILR, but not those of us who have been married for years but unfortunately did not switch to HSMP soon enough. I wonder whether we can use this as an argument? i.e we satisfy several criteria, but under many categories ex, married and lived together for more than four years, I had Tier1 before applying for ILR, etc. Not sure whether we will get anywhere. Any advice will be vey gratefully appreciated.


If the answer to the above question is yes, can someone recommend a good solicitor? Please pm me - as I do not want solicitor recommending him/herself.

[f2k]

I think the answer to your question is No. you have to wait for 2 years or when his 10years is up whichever comes first. I think the rules are clear about the differences between the long residency routes and the employment based routes with regards to dependents also applying with you, so i dont think using this as an argument will work. The issue about those married for 4years i think refers to spouses of british citizens living overseas. I see you say you had tier 1 b4 applying for ILr but because you based your application on long residency you are treated under different set of criteria (possibly simpler) but the downside of it is that it does not allow for dependents.

[Godschild]

Thnks f2k