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ILR - Need your advice on my Wife's eligibility.

Posted: Thu Apr 29, 2010 11:50 pm
by bammu
All, Thanks a ton for guiding me.

Need your advice on my ILR application .

Have completed 5 Yrs in UK on workpermit. Planning to go for stamping, Got an appointment in croydon on 07/06/2010. Before the appointment i thought to check in this forum regarding my wife's eligibility. She is on dependant visa for 3.5 yrs, but last 6 six months she is in india for delivery. Is she also eligible for PR, can i go for stamping along with my wife in a single application.

I did check with HO, Guy who attended the call told me that it may get rejected, depends on the caseworker. Is it true. Please help me.

Thanks
Bammu

Re: ILR - Need your advice on my Wife's eligibility.

Posted: Fri Apr 30, 2010 12:14 am
by dimsav
Formally, your wife is eligible to apply for ILR together with you but she needs to be present in the UK on the date of application (though not necessarily present in a PEO). Can she get back by that date? If not, then it may indeed depend on of a caseworker...

BTW, if you are still going to try your chance, make sure at least that you have got family appointment (not a single, since you'll apply with dependants).

Re: ILR - Need your advice on my Wife's eligibility.

Posted: Fri Apr 30, 2010 12:03 pm
by Pierrot95
As she is away with her passport, where do you think they will stamp her ILR?

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Re: ILR - Need your advice on my Wife's eligibility.

Posted: Fri Apr 30, 2010 1:56 pm
by dimsav
Pierrot95 wrote:As she is away with her passport, where do you think they will stamp her ILR?
Technically, it is not a problem nowadays -- DHL, UPS etc. I just doubt it would be a right decision for bummu though...

Posted: Sun May 02, 2010 12:25 am
by bammu
Can i take a family appointment and go with my wife for stamping. Will they accept my application, Because she is out of country for more than 6 months.

Some people told me that, She is not eligible so my application may get rejected. I am in confusion. Please advice.

Posted: Sun May 02, 2010 9:08 am
by geriatrix
India is one of the countries that does not allow shipping/courier of a passport across their borders. Getting it to UK through someone travelling (from India to UK) is also illegal as it has to be personally carried by the owner / holder.

No courier company operating in India will accept a passport for delivery outside India.

regards

Posted: Sun May 02, 2010 11:29 am
by gidoc
Your wife can apply later when she is back in UK, or else you may delay your application until she is with you.
Best wishes

Posted: Sun May 02, 2010 1:18 pm
by dimsav
sushdmehta wrote:India is one of the countries that does not allow shipping/courier of a passport across their borders. Getting it to UK through someone travelling (from India to UK) is also illegal as it has to be personally carried by the owner / holder.

No courier company operating in India will accept a passport for delivery outside India.
Good point, I didn't know that...
bammu wrote:Can i take a family appointment and go with my wife for stamping. Will they accept my application, Because she is out of country for more than 6 months.
Yes, you can apply together with your wife. As she is on a WP dependant visa, she needs just to present in the UK on the day of application, with no further residential requirements, see Rule 196D. (Only Tier 1/2 dependants must satisfy the requirement of living in the UK for 2 years.) Make sure though that you both have KOL test passed.

Posted: Sun May 02, 2010 2:47 pm
by gidoc
Regarding sending a passport from India to any outside country or vice versa, only the Indian HC/passport office has authority to do that. i have had someone do that before via passport office in India..
Best Regards