Illegal migrant - leave to remain as WP dependant

james2346 · Post by **james2346** » Wed Apr 27, 2011 3:31 pm

I am holder of a work permit, settled in the UK; I am elligible for ILR next year. I recently got married to My wife who is living in the UK illegally she has no proof of how she entered but has declared she came in as a visitor who lost her passport. We have applied for her as my dependent - spouse to the homeoffice, she has taken an english test and we are currently awaiting their response. She has been asked to provide biometrics, is this a good sign and what are the chances of her application succeeding? Can a level a discretion be applied by the immigration officer.

Post by **Greenie** » Wed Apr 27, 2011 3:37 pm

all this means is that the application is valid and is no indication that the application will be successful. they do have discretion but are very unlikely to use it particularly as you are not settled in the UK.

How long has your wife been in the UK?

james2346 · Post by **james2346** » Wed Apr 27, 2011 3:40 pm

6 years, but with no significant evidence she was just staying with friends and family babysitting and never really worked.

Post by **Greenie** » Wed Apr 27, 2011 3:50 pm

i would be very surprised if her application were approved.

Monifé · Post by **Monifé** » Wed Apr 27, 2011 4:53 pm

If it is refused you can apply on her behalf after you have received your ILR as the spouse of a person settled in the UK.

Post by **geriatrix** » Wed Apr 27, 2011 7:30 pm

Changed the subject title.

There is no provision in the immigration rules for leave to remain as dependant of WP migrant by someone who was not admitted with a valid entry clearance for entry in this capacity (i.e. - as dependant of WP migrant). (196A).

May I ask, which application form did you use for the application?

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Illegal migrant - leave to remain as WP dependant

Illegal migrant - leave to remain as WP dependant