Email from home office might help others is same position

[deep2012]

Hi All

I learned a lot from reading this forum for last few months. Thank you very much everyone.
My wife and daughters ILR was approved yesterday at cardiff PEO. My ILR was approved in Nov 2011 on the basis of five year work permit. Wife and daughter were work permit dependents but they could not apply with me last year for some reasons (and also LIUK wasnt done for wife) so she switched to FLR(m) with daughter as her dependent. I had written to homeoffice explaning the situation and this was the response I received from them on monday. I had attached the email with the application and everything went OK. I am only confused that if it was really neccessary to switch to FLRm (as the email says) or I would have got away without even FLR(m).



Dear Dr XXXX

Thank you for your email.

A person who has been granted leave to enter or remain as a dependant of a Work Permit (WP) holder would have to meet the requirements of paragraph 196D of the Immigration Rules to qualify for indefinite leave to remain. The requirements apply to all dependant spouses in this category i.e. those who are applying for ILR at the same time as the WP holder; and those who are applying after the WP holder has been granted ILR. Therefore, dependant spouses/partners of WP holders do not need to “switch” into the spouses/partner of a person who is settled in the UK category.

As you say your wife was granted leave to enter the UK as the dependant spouse of a Work Permit holder (under paragraphs 194-196 of the Immigration Rules), it appears that you may have been incorrectly advised that your wife should apply for FLR as the spouse of a person who is present and settled in the UK when you were granted ILR. Your wife should have applied for FLR under paragraph 196A – 196B.

Based on the information you have given in your email your wife can apply for ILR under paragraph 196D(ii) of the Rules as the spouse of a person who has ILR who had limited leave to enter or remain in the UK as a work permit holder immediately before being granted ILR. She would of course need to meet the requirements in 196D(iii) – (vi).

Your wife does not need to wait a further two years and can apply on Application form SET(M) and include your daughter on her application. There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom.

I hope this clarifies the position. If your wife does submit an application for ILR under 196D of the Immigration Rules she may wish to include a copy of this email with her application.

Regards

XXXX
Settlement Operational Policy

[geriatrix]

Dependants of WP holders and HSMP JR covered migrants are not subject to the 2 year qualifying residential period and can apply for settlement separately, if need be.

On the other hand, for dependants of PBS migrants or non HSMP JR covered migrants, there is no provision in the immigration rules currently to allow them to apply for settlement separately. For such applicants, the switch to FLR(M) is necessary if they are not eligible for settlement at the same time as the principal migrant.

[Lucapooka]

Thank you for your post but what you have indicated is common knowledge for this category of leave. It's the points-based system that restricts ILR for dependants to those with two years residence and a joint application at the same time as the PBS migrant.