Post
by manojult » Thu Mar 14, 2013 12:43 pm
I applied for ILR with my wife. My ILR has been approved. My wife's has been rejected. I would like to know if there is a point in appealing
My wife had a PSW visa when I married her. So, she joined me on 8-May-2010. When the PSW visa was about to expire, she applied for a dependant visa and re-entered UK on 22 Jan 2012.
ILR application date : 12-Aug-2012
ILR refused : 12-Mar-2013
Appeal date : 28-Mar-2013
Date of marraige : 23-April 2010
Cohabitation proof in UK since : 8-May-2010
Wife's visa status
PSW till 22-Jan-2012
Tier 1 dependant till 27-Aug-2012.
Reason for refusal: "As stated above you entered UK on 22 Jan 2012 with entry clearance as a Tier 1 HS partner of M J Pariyadan which expired on 27 Aug 2012. Therefore you have not completed two years in the UK as a partner of a Tier 1 HS General migrant and you are unable to meet the requirements of paragraph 319 E (d)(i)(b)"
(d)(i)(b) states
(d)The applicant and the relevant points based system migrant must have been living together in the UK in a marriage or civil partnership for a period of atleast
(i) If the applicant was granted leave as
(b)the spouse or civil partner, unmarried or same sex partner of that person at a time when that person had leave under another category of rules
under the rules in place before 9 July 2012, and since then has had continuous leave as the partner of the relevant points based system migrant, the specified period is 2 years.
The way I read it "The applicant and the relevant points based system migrant must have been living together in the UK in a marriage or civil partnership for a period of atleast 2 years"
no where does it say that she has to be on dependant visa for two years
