ILR application and partner not applying

[eraihia]

Hi everyone,

I am new member so please bare with me if I get things wrong or leave out important details first time!

I am booked into see a PEO appointment end of May 2012 for an ILR application. I have been in the UK on a work permit for about 6 years.

I have 4 children (under 18 ) all born in the UK and if successful with MY ILR application then I will directly apply for BC for the children on MN1 forms(without applying for their ILR as thanks to this forum I learnt this!!).

My wife (of 7 years)who has been in the UK on a work permit dependant visa for 6 years does not want to apply for indefinite leave(long story!!). If my wife does not apply as a dependant with me at PEO appointment end of May-

1- will this affect my ILR application (will the PEO question why my wife is not applying as dependant for ILR or does it not matter?)

2- when her current work permit runs out in 5 JULY 2012 what visa can she apply for then assuming I have been granted ILR?

thank you greatly in advance for any help offered!!

[eraihia]

Hi all,

I am desperate for some advice please..

Just adding to my inital query-

3- Am I correct in sugesting my wife can then apply the day after I receive my successful ILR confirmation for leave to remain as a dependant of a settled person by post on FLR(m) form?

Thank you again in advance

[vinny]

Why doesn't she want to apply for ILR with you?

[linkers]

There is no better visa than ILR. I have heard people who get ILR but don’t bother for Citizenship for certain reasons but have never heard anyone refusing to get ILR.

[eraihia]

Ok if you must know she is going to leave the relationship and return to Australia- and I wanted to know in advance for my children's sake if she changes her mind or we subsequently change our mind then where will we stand.

This is why I posted the questions-

I am booked into see a PEO appointment end of May 2012 for an ILR application. I have been in the UK on a work permit for about 6 years.

I have 4 children (under 18 ) all born in the UK and if successful with MY ILR application then I will directly apply for BC for the children on MN1 forms(without applying for their ILR as thanks to this forum I learnt this!!).

My wife (of 7 years)who has been in the UK on a work permit dependant visa for 6 years does not want to apply for indefinite leave(long story!!). If my wife does not apply as a dependant with me at PEO appointment end of May-

1- will this affect my ILR application (will the PEO question why my wife is not applying as dependant for ILR or does it not matter?)

2- when her current work permit runs out in 5 JULY 2012 what visa can she apply for then assuming I have been granted ILR?

[quote][/quote]

[linkers]

1 – This will not affect your ILR and if the case worker asks, you can simply say that you want to apply for FLR for your wife.

2- Once you get your own ILR, she needs to apply for FLR(M).

[eraihia]

Thank you very much for your answer Linkers.
That helps put mind at ease.

[vinny]

Ok if you must know she is going to leave the relationship and return to Australia- and I wanted to know in advance for my children's sake if she changes her mind or we subsequently change our mind then where will we stand.

Note the similarities between 196D(iii) -> 194(ii) and 284(vi) and 287(ii)-(iii).

Has she satisfied the KOL requirements?

[eraihia]

She has met the KOL requirements.

[vinny]

1 – This will not affect your ILR and if the case worker asks, you can simply say that you want to apply for FLR for your wife.

2- Once you get your own ILR, she needs to apply for FLR(M).

The caseworker may ask 'why is your wife not applying for ILR with you?' As she has satisfied the KOL requirements, she does not need to apply for FLR(M). Once you have your ILR, she may also apply for ILR on SET(O) under 196E.

Strictly speaking, the 'intention to stay with you in the UK' and 'marriage subsisting' requirements are the same, either for FLR or ILR. Moreover, there is no logic in applying for the former if she satisfies the latter. If she cannot satisfy these requirements, then FLR may also be refused.