ILR Dependant

[nitinkumar]

Hello

I would be applying for ILR on basis on intial HSMP 2years granted in May2006 and then Tier 1 General granted in May2008 for 3 years.

I got married in April 2009 and my wife came to UK in April2009 on Tier 1 dependant. Since then she has been back and forth to India and has spent about 13- 14 months in India but has joined me back in the UK since Oct 2010.

I plan to apply for ILR in April 2011. Would my wife be eligible to apply for ILR as my dependant.

Also what is the maintenance funds that we need to show?

Thank you for any answers and help in advance.

Nitin

[geriatrix]

I would be applying for ILR on basis on intial HSMP 2years granted in May2006 and then Tier 1 General granted in May2008 for 3 years.

Since you are covered by HSMP JR, you may include your dependant(s) in your settlement application. There is no requirement for dependants of HSMP migrants covered by HSMP JR to complete 2 years stay in the UK to be eligible for settlement.

However, see also Got my ILR BUT Wife ILR refused - HSMP JR PEO @CROYDON.

Also what is the maintenance funds that we need to show?

There is no requirement to show "maintenance funds" for settlement.


regards

[nitinkumar]

Thankyou susdmehta for your reply.

I am not covered by HSMP judicial review as my Approval letter was after 3rd April 2006 hence I am in the other category who has to complete 5 years

[geriatrix]

Except that you have to complete 5 years' residential qualifying period (instead of 4), all other rules that apply to pre-03Apr06 HSMP migrants apply to you too.

Also, the date of approval is irrelevant. The date of application is what matters.


regards

[nitinkumar]

I am confused now. I called up home office immigration enquiry line today and queried the same thing. The lady on the other end said that since my wife has not completed living 2 years in the UK as she was in and out of the country she will have to apply for FLR(M).

I don't know whether this lady knew what she was talking about and should I call back again tomorrow in a hope that someone else picks up the phone or should I go through an immigration lawyer who will charge big bucks?

[geriatrix]

UKBA customer service agents are not the experts in immigration rules, and are known to offer inaccurate and out-of-date information.

If you read through the posts in the topic linked above, you will notice that there have been instances where even the caseworkers at PEOs have not applied the rules accurately when considering settlement applications (with dependants included) of HSMP JR migrants. At the same time, some people never had any objections raised and had their settlement applications approved.

So, while the law states that your spouse is eligible for settlement at the same time as you but whether a caseworker, who gets to decide on your application, will be aware of it and will apply it when considering your settlement application, cannot be said.

If in doubt, always good to consult a competent solicitor.


regards

[nitinkumar]

I have just been trawling through my documents and found an email from home office saying that my initial application for HSMP was received on 05th April 2006.
Does this mean I come into 4 year qualifying period for settlement?
Can I apply for British passport now as it will be close to 5 years in April or do I still have to get ILR first and then can immidiately apply for british passport?

Thanks

nitin

[geriatrix]

You may be eligible to apply for settlement after 4 years residential period only if you applied for HSMP approval before 03-Apr-06.

Settlement -> naturalisation -> passport!


regards