ILR (JR) Application - Dependent Qualification Question

[cheerfulkhan]

Hi All,

I have a question whether my wife is qualified to apply along with me for an ILR application under Juidical review scheme. I have searched this forum for a relevant answer, but alot of people have presented contradictory answers from multiple aspects which made me even more confused, so thought of posting it as a new topic to find relevant answers.

I got my hsmp approval letter on 26th March, 2006. I got my EC on the basis of HSMP on 21st April, 2006 for 2 years. I entered in the UK on 21st June, 2006. Then later i got my extension for 3 years in 2008 and got converted into Tier1-General as HSMP category had been finished then. Now under the judicial reveiw scheme, my 4 years gets completed on 20th June, 2010, (starting from the day i arrived in the UK for the first time).

Now my wife joined me on 22nd Nov, 2009 in the UK as dependent of Tier 1-General. My question is, does she qualify to apply with me for ILR after 6 months of stay in the UK or not?

Kindly let me know if you have an answer to this.

Regards,

Nav

[geriatrix]

My question is, does she qualify to apply with me for ILR after 6 months of stay in the UK or not?

Yes. Include her as your dependent in the SET (O) form.


regards

[cheerfulkhan]

Thanks Buddy. Can you tell me on what basis do you think she shoulud be included in the application? Doesn't the 2 year rule apply on her?

Regards,

Nav

[cheerfulkhan]

I just called the homeoffice and they told me that since she is dependent on tier1, therefore the new rules will apply on her. Had she been on a dependent visa of hsmp, she wouldn't have required to complete 2 years. But in this case yes, she has to. The lady reccommended that once i get ILR, she should apply for spouse visa and from that date the clock will start ticking for completion of 2 years. After that she can apply for ILR.

I got the same reply when i emailed them. I am utterly confused now

[1664]

I was under the impression that you could apply with a dependent under the HSMP (JR) w/o the 2 year rule.

I already have made my appointment in less than 2 weeks for me +1.

Am confused too...

[Markie]

Take a look at this link.

Hi All,

I have a question whether my wife is qualified to apply along with me for an ILR application under Juidical review scheme. I have searched this forum for a relevant answer, but alot of people have presented contradictory answers from multiple aspects which made me even more confused, so thought of posting it as a new topic to find relevant answers.

I got my hsmp approval letter on 26th March, 2006. I got my EC on the basis of HSMP on 21st April, 2006 for 2 years. I entered in the UK on 21st June, 2006. Then later i got my extension for 3 years in 2008 and got converted into Tier1-General as HSMP category had been finished then. Now under the judicial reveiw scheme, my 4 years gets completed on 20th June, 2010, (starting from the day i arrived in the UK for the first time).

Now my wife joined me on 22nd Nov, 2009 in the UK as dependent of Tier 1-General. My question is, does she qualify to apply with me for ILR after 6 months of stay in the UK or not?

Kindly let me know if you have an answer to this.

Regards,

Nav

[1664]

thank you.

We have been living together for over 6 years....but only got married last year...

the website reads "
Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Children of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules"

[cheerfulkhan]

But my question here is that , doesn't this becomes null and void when we talk about HSMP (Judicial Review) scenario. Also the JR guide says only that whatever the status of main applicant is, the dependent will have the same status. So if get ILR, my wife gets ILR, doesn't matter whether she has lived with me for 2 years or 2 days.

What do you guys reckon?

[geriatrix]

Reading this topic will help.

regards

[1664]

the answer is yes she can apply with you for ILR as a dependent...

[cheerfulkhan]

Thanks Gentlemen. I have cancelled my individual appointment and will rebook for a family appointment. The worse that is going to happen is that they will reject my wife's ILR request, so worth taking the risk. Also studying different posts show that i can get away with it.

[1664]

You'll be fine...

Good Luck.

[farazfastian]

I'm in the same situation and got an appointment at Croydon. It's really a reliefe to know that my wife can apply with me but as i just spoke to UKBA and they're keep saying that my wife can't apply.

Now after reading your replies just wondering will they create any issue at croydon or caseworkers there are fully aware of this situation and they will process it as a normal application?

Many Thanks

[1664]

What was the outcome cheerfulekhan?

[farazfastian]

1664, croyden people didn't even allow you to file your wife's ILR with you?
did you mention that few people like moderator here has got dependent ILR from croyden?

[1664]

The guys at croydon mentioned it a few times that my wife was not eligible but left the decision on me. Initially when I said I'll continue with the application with her being a dependent the guy at the screening desk got so hyper and flustered that he said "I see such applications everyday and I know about the HSMP (JR)rule and still people insist and get their wife's ILR refused - we are here to help you and cause less stress"

At that point you tend to believe in more that he says and don't want to be taking any risk,even though the laws states something different.

Perhaps you'd need a stronger will and more self-belief and luck for the case worker to actually know the rules under HSMP (JR), because mine clearly didn't....

[geriatrix]

the guy at the screening desk got so hyper and flustered that he said "I see such applications everyday and I know about the HSMP (JR)rule and still people insist and get their wife's ILR refused - we are here to help you and cause less stress"

Sounds like the same guy I had to deal with!

regards

[farazfastian]

Just checked with gvamsimba and he was'nt even bothered with this issue at Croydon and straight away got ILR for his wife as well. She was also Tier-1 dependent. So i believe it's all about luck which is frustrating me

Btw in worst case if my wife doesn't get ILR then does she has to spend 2 years again to get ILR that's what UKBA told me on the phone i.e. her current 1.5 years as tier-1 dep won't count because she'll be a ILR depenedent then. If that's the case then i won't take the risk.

Apart from it that you'll have to apply for your wife as ILR dependent then for ILR again later on i.e. more hassle and more fees to pay.