Indefinite Leave to remain -Immigration Rules part 5 - Paragraph 196E

[mahumood]

Dear Sir,

I'm a British Citizen having been on a student visa from 2004 to 2006, a work permit from 2006-2011, ILR for 4 years from 2011 until June 2015. My spouse came to the UK in April 2014 under a Spouse/CP visa(FLR(M)) as a partner of a settled person. She returned back to India in March 2016 and her visa expired in Jan 2017. We once again applied for a spouse visa in 2018 as a wife/dependant of a British citizen and entered the UK in May 2018. Her visa is currently expiring in February 2021. I wish to clarify based on the immigration rule below.

Is my spouse eligible for ILR in Feb 2021 under Immigration Rules part 5 - Paragraph 196E which states '196E. Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.'

It appears that she can apply for Indefinite Leave to Remain under this category as a work-permit dependent using SET(O). This is because I was working in the UK with a work permit immediately before obtaining my ILR in the UK and then later became a British Citizen by Naturalisation. All these meet the requirement of Immigration Rules part 5 - Paragraph 196E. Also, it seems that there's no minimum qualifying period for my wife's stay in this country hence wanted to confirm whether am I right to believe that she is eligible for ILR.

Many thanks to you all for your help with this.

Best regards,
Mahumood

[seagul]

Dear Sir,

I'm a British Citizen having been on a student visa from 2004 to 2006, a work permit from 2006-2011, ILR for 4 years from 2011 until June 2015. My spouse came to the UK in April 2014 under a Spouse/CP visa(FLR(M)) as a partner of a settled person. She returned back to India in March 2016 and her visa expired in Jan 2017. We once again applied for a spouse visa in 2018 as a wife/dependant of a British citizen and entered the UK in May 2018. Her visa is currently expiring in February 2021. I wish to clarify based on the immigration rule below.

Is my spouse eligible for ILR in Feb 2021 under Immigration Rules part 5 - Paragraph 196E which states '196E. Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.'

It appears that she can apply for Indefinite Leave to Remain under this category as a work-permit dependent using SET(O). This is because I was working in the UK with a work permit immediately before obtaining my ILR in the UK and then later became a British Citizen by Naturalisation. All these meet the requirement of Immigration Rules part 5 - Paragraph 196E. Also, it seems that there's no minimum qualifying period for my wife's stay in this country hence wanted to confirm whether am I right to believe that she is eligible for ILR.

Many thanks to you all for your help with this.

Best regards,
Mahumood

Perhaps you are reading an entirely impertinent quote because she will be eligible for ILR in 2023 by using the Set (M).

[mahumood]

Thank you for your reply. But if you read the immigration law, it says completely different based on my history. Please take a look. Thanks

[seagul]

https://www.google.com/url?sa=t&source= ... 8bapHV5vy0

https://www.gov.uk/guidance/immigration ... d-evidence

[mahumood]

Dear Seagull,

Please give me proper explanation for this rule

Below is the rule which comes under

Partners of persons who have or have had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K)

Indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196E.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.

Then looking at 196D:

Requirements for indefinite leave to remain for the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
(i) is the spouse, civil partner, unmarried or same-sex partner of a person who:
(1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
(2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
(ii) meets the requirements of paragraph 194(ii) - (vii); and
(iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
(iv) was not last granted:
(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),
(2) temporary admission,
(3) temporary release, or
(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and
(v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

I was a work permit holder until Jun 2011 and then became ILR holder in Aug 2011. It clearly says my wife can apply under Immigration rules part 5 - Paragraph 196E because I qualify for this rule.

Please guide me where I'm going wrong. If you need any further information, please do not hesitate to contact me.

Best regards,
Mahumood

[TODMATT]

Your wife came to the UK by applying for entry clearance application as a partner under Appendix FM and it has got nothing to do with Part 5 of immigration rules.

Your wife will qualify for ILR upon completion of 60 months in the UK. All the guidance posted above are IRRELEVANT to appendix FM.

Caseworker guidance clearly states that Part 5

https://assets.publishing.service.gov.u ... 4.0ext.pdf

"This guidance tells caseworkers how to process applications for entry clearance,
leave to remain and indefinite leave to remain in the UK as the child or partner of a
migrant with leave to enter or remain under part 5, paragraphs 128 to 193 (excluding
135I to 135K) of the Immigration Rules." The sponsor is current is currently a British citizen whom is not subject to immigration control.

This is a quote from you "We once again applied for a spouse visa in 2018 as a wife/dependant of a British citizen and entered the UK in May 2018. Her visa is currently expiring in February 2021"

Appendix FM is the RULE you should follow through out.

to qualify for ILR under appendix FM

E-ILRP.1.3.

[mahumood]

Hi Todmatt,

Thank you for your prompt reply.

Below is my comments:
Your wife came to the UK by applying for entry clearance application as a partner under Appendix FM and it has got nothing to do with Part 5 of immigration rules -May I know what is the reason you're saying that it is not applicable. Who falls under Immigration rule part 5 -Paragraph 196E application?

You said that "Your wife will qualify for ILR upon completion of 60 months in the UK. All the guidance posted above are IRRELEVANT to appendix FM". - I know where you're coming from but where does it says that whoever had Work permit has to go through this route. You might say, this is the current route but please back up with your explanation why I can't apply this route? Do you think this is because of lack of awareness around the law? The immigration rule 196E clearly says about referring to paragraph 128 to 193. Please explain the rule clearly.


Caseworker guidance clearly states that Part 5 - Its says Indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196E.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.

Again you quoted- "This guidance tells caseworkers how to process applications for entry clearance,
leave to remain and indefinite leave to remain in the UK as the child or partner of a
migrant with leave to enter or remain under part 5, paragraphs 128 to 193 (excluding
135I to 135K) of the Immigration Rules." The sponsor is current is currently a British citizen whom is not subject to immigration control. - This is nothing do with about British Citizen. But the sponsor had work permit, then indefinite leave to remain in the UK under part 5, paragraphs 128 to 193 (excluding 135I to 135K) of the Immigration Rules before he become British. Please back with your explanation.

Sorry to say, It looks like nobody has viewed this rule clearly and so forth getting only false information. On the whole, I'm here not to blame anyone for their incapacity. Moreover, I've the mail trail of my friend (similar to my case) who has applied SET(O) and managed to get the ILR for his wife and children after coming to the UK through FLR(M) in 2016.

Thanks and best regards,
Mahmood

[TODMATT]

Hi Todmatt,

Thank you for your prompt reply.

Below is my comments:
Your wife came to the UK by applying for entry clearance application as a partner under Appendix FM and it has got nothing to do with Part 5 of immigration rules -May I know what is the reason you're saying that it is not applicable. Who falls under Immigration rule part 5 -Paragraph 196E application?

You said that "Your wife will qualify for ILR upon completion of 60 months in the UK. All the guidance posted above are IRRELEVANT to appendix FM". - I know where you're coming from but where does it says that whoever had Work permit has to go through this route. You might say, this is the current route but please back up with your explanation why I can't apply this route? Do you think this is because of lack of awareness around the law? The immigration rule 196E clearly says about referring to paragraph 128 to 193. Please explain the rule clearly.


Caseworker guidance clearly states that Part 5 - Its says Indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196E.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.

Again you quoted- "This guidance tells caseworkers how to process applications for entry clearance,
leave to remain and indefinite leave to remain in the UK as the child or partner of a
migrant with leave to enter or remain under part 5, paragraphs 128 to 193 (excluding
135I to 135K) of the Immigration Rules." The sponsor is current is currently a British citizen whom is not subject to immigration control. - This is nothing do with about British Citizen. But the sponsor had work permit, then indefinite leave to remain in the UK under part 5, paragraphs 128 to 193 (excluding 135I to 135K) of the Immigration Rules before he become British. Please back with your explanation.

Sorry to say, It looks like nobody has viewed this rule clearly and so forth getting only false information. On the whole, I'm here not to blame anyone for their incapacity. Moreover, I've the mail trail of my friend (similar to my case) who has applied SET(O) and managed to get the ILR for his wife and children after coming to the UK through FLR(M) in 2016.

Thanks and best regards,
Mahmood

I think you forgot the bit at the bottom of my post where it says, I am offering you my opinion.

Let us know how you got on with your wife application.