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WP Dependent to ILR ( Less than 2 years)
Posted: Mon Dec 14, 2009 4:41 am
by go-fish
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?
Posted: Mon Dec 14, 2009 4:59 am
by vinny
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).
Posted: Mon Dec 14, 2009 6:11 am
by go-fish
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?
Posted: Mon Dec 14, 2009 9:25 am
by vinny
They are subject to different requirements as specified in the
Immigration rules. Click on the links
above.
Posted: Mon Dec 14, 2009 5:52 pm
by carryon
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
Posted: Mon Jan 18, 2010 3:19 am
by go-fish
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?
Posted: Mon Jan 18, 2010 3:48 pm
by go-fish
Please reply.
Posted: Mon Jan 18, 2010 5:41 pm
by f2k
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
Posted: Mon Jan 18, 2010 9:43 pm
by go-fish
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.