Can I "cheat" Homme Office? Please Help!

[Alesto1]

Hello brothers in destiny,

I have been living in London on HSMP visa for the last 5 years and am about to apply for IRL. I believe I will not have big troubles, as I have all docs needed and my case is straightforward.

Two years ago I met a girl and shortly after we started living together. we are not married.

As I have all evidence needed to prove we've been living under one roof for 2 years, it shouldn't be a problem to "attach" her to my visa and make her status dependent (she is a student here).

My problem is the following:

I can get my ILR and then add her as dependent (in which case she'll receive a 2 yrs visa, after which she will be able to apply for ILR too)

But what if I first add her as dependent to my existing HSMP visa (she will get a dependent visa until the end of my HSMP visa) and then in a week or month time we both apply for ILR?

Surely, being my dependent of the time of the application she should receive a ILR status as well, right?

I suppose, what I want to know is - is there an immigration rule specifying how long one should be dependent before applying for ILR?

To reiterate: We are not married, been living on the UK for 2 years, both have had valid visas. She has been here for 4 yrs and 6 months.


Can you help me?

What are your thoughts?

Should I try this? Will it work?

Thanks in advance

[vinny]

But what if I first add her as dependent to my existing HSMP visa (she will get a dependent visa until the end of my HSMP visa) and then in a week or month time we both apply for ILR?

Surely, being my dependent of the time of the application she should receive a ILR status as well, right?

I suppose, what I want to know is - is there an immigration rule specifying how long one should be dependent before applying for ILR?

To reiterate: We are not married, been living on the UK for 2 years, both have had valid visas. She has been here for 4 yrs and 6 months.

I believe that it's possible, if she receives entry clearance as your dependant (295J).

[Alesto1]

Thanks vinny,
Your post is as usual very complete and sensible.

I have read through all of the 295 rules for dependents, but couldn't find my answers. All rules are for dependents who come to UK to join their partners.

My partner is already in the UK and has been living here for 4,5 years on her own student visa.

In the SET(O) guide, it says:

[quote]3 WHO MAY APPLY ON THIS FORM?
You and your partner and/or children under 18 if they are
applying as your dependants (if allowed by the relevant
immigration rules - see below).“Partnerâ€

[vinny]

Strangely, there doesn't seem to be any rules directly leading to ILR after 295J. However, All living in the United Kingdom - settlement suggests that it's possible. Suggest that you get written confirmation from the UKBA.

[Alesto1]

Hi vinny,

Yes, I have sent then a request. The immigration rules are so hard to read! No wonder immigration lawyers are so in demand!

I'll keep you posted

[Hope2007]

Please let us know as well Alesto1 what you hear from them

[Alesto1]

I just received an answer from UKBA.

My request:

Hello Enquires Team,

I have the following question, to which I could not find an answer anywhere.

I have been living in the UK under HSMP visa for 5 years and am planning to apply for a ILR. Two and a half years ago I met a girl and soon after we started living together. We have been living together now (at one address) for over 2 years and planning to continue living as unmarried partners. She has been in the UK on a student visa for over four years.

As far as I could understand I can attach her as my dependent (to my HSMP visa, which is till Sep 2010). We have been living together for more than two years in the UK and planning to continue living as unmarried partners).

#####
When she eventually gets her status changed to dependent (from student) under 295J, using FLR(M), can we then both apply for ILR (I am eligible and she is my dependent), using SET(O)?

Is there any requirement about how long one should have been a dependent to an HSMP holder in order to apply for ILR?
#####

I am not sure they got my question, the response was:

Thank you for your enquiry.

Switching into the Unmarried/Same Sex Partner of a British or settled person in the United Kingdom is only allowed if your current leave to enter or remain in the UK was longer than six months from the date on which you were admitted to the UK.

In order to qualify as an unmarried partner you must show that:

any previous marriage (or similar relationship) that either of you were in has permanently broken down;

you have both been living together as if you are married for at least two years;

you both plan to live together permanently; and

you both have enough money to support and adequately accommodate yourselves and any dependants without help from public funds.

you are aged 21 or over and your partner is aged 21 or over.

you have been granted leave to remain in the UK.
As your partner is on a student visa , she cannot switch to be your dependant in the UK and require entry clearance.

You are also required to be either a British or settled person in the UK.

I asked about switching to an HSMP holder dependent, not settled person.
Anyway, I actually found my answers already (one has to look at IR 319, not 295 like I did). The answer is: You cannot attach anyone as dependent to point based visa without getting an entry clearance. This is nonsence, why should my partner get out of UK, and then come back as dependent? No logic.

The bottom line is, I am getting nowhere with UKBA and immigration lawyers. I think I may try to take the punt and go and apply with her directly in Croydon and see what happens. The worst that can happen is to loose £50. Is this right?

I'll keep you posted.