SET(Protection) and DLR for dependant

[shah.g]

Hi everyone,

I've been reading through all the 3 pages, but my question is not answered. Anyway my situation is slightly different.

I was on 5 years leave with Refugee Status granted in March 2007 which lasted last month. I sponsored my wife in 2008 and she was granted 4 years leave which expired exactly the same date as mine and we both applied for ILR.

We both got our documents back, but I am granted ILR and my wife is granted 3 yrs DLR. Now here similarities appear between my case and others on tier-based migrants.

The question is can I also apply for my wife's ILR keeping in mind that she is well beyond 2 years initial leave to remain and the fact that I have got ILR as well???

Be much appreciated.

[vinny]

When did you marry your wife? Did they explain why she was granted DLR and not ILR?

[shah.g]

Hi Vinny,

My wife joined me in Feb 2008 as a spouse. She was granted Spouse Visa for about 4 years. Her visa expired same day as mine in Jan 2012 and we both applied for ILR using SET (protection route) form.

I was granted ILR in last week of march 2012 and my wife was granted 3 yrs DLR.

Now the question is that I have got the ILR can we apply for my wife's ILR as spouse / dependent of someone present and settled in UK??? If so what would happen if I applied, because I had been on JSA and Housing Benefit for the past 12 months, but that was only me claiming benefit not my wife.

I would be so grateful for any one who could shed light on these questions.

[Greenie]

what reason did they give for only granting your wife DL?

[shah.g]

what reason did they give for only granting your wife DL?

No reason is given. Only a letter came with the status stamp on the passport. The letter states that

"ALTHOUGH YOU DO NOT QUALIFY FOR LEAVE TO REMAIN IN UK UNDER THE IMMIGRATION RULE, IT HAS BEEN DECIDED THAT DISCRETION SHOULD BE EXERCISED IN YOUR FAVOUR".

And she was granted with 3 years DLR.

[vinny]

319U was achievable if she also satisfied 287(a)(i)(f), etc.

Ask them to justify their statement under the Immigration rules or grant her ILR under 319U.

[shah.g]

319U was achievable if she also satisfied 287(a)(i)(f), etc.

Ask them to justify their statement under the Immigration rules or grant her ILR under 319U.

Thanks Vinny,

We have applied for my wife's ILR using the Set (M) form plus a letter explaining our circumstances and included the required fees. We have just received the acknowledgement letter and the money has also been taken off my account.

I think that 287(a)(i)(f) is achievable in our case, with the only confusion that I had been on state benefit for a while because of my bad health. However, my wife never claimed benefit of any sort nor has my benefit been increased because of her being with me. I have been given the benefits as a single person that I would have been entitled to anyway.

The question is could they refuse my application on the basis that I had been on state benefit?

Much appreciate if answered.

[vinny]

319U was achievable if she also satisfied 287(a)(i)(f), etc.

Ask them to justify their statement under the Immigration rules or grant her ILR under 319U.

Thanks Vinny,

We have applied for my wife's ILR using the Set (M) form plus a letter explaining our circumstances and included the required fees. We have just received the acknowledgement letter and the money has also been taken off my account.

I think that 287(a)(i)(f) is achievable in our case, with the only confusion that I had been on state benefit for a while because of my bad health. However, my wife never claimed benefit of any sort nor has my benefit been increased because of her being with me. I have been given the benefits as a single person that I would have been entitled to anyway.

The question is could they refuse my application on the basis that I had been on state benefit?

Much appreciate if answered.

If she had been included in your SET (protection route) form, then I don't think that there was any need to make a new SET(M) application. Neither 319U nor 287(a)(i)(f) seem to require it. Asking for a reconsideration may have suffice.

[vinny]

Split posts from FLR or ILR for my Dependant thread.