Question about ILR application

wenner · Post by **wenner** » Sat Jun 23, 2012 7:22 pm

I am a tier 2 migrant.I am eligible to apply for ILR after 2 years on a workpermit and 3 years on a tier 2 permit, which expires in Oct.So I am planning on applying in Sept, 28 days before my leave to remain expires.

Problem is, I am married and my husband's tier 2 dependency visa was refused twice because of his immigration history.He lived in the UK illegally before he left voluntarily on own expense in May 2010.I haven't changed my surname on my passport, but I did let the UKBA know two years ago that my circumstances have changed and that I am now married.I just spoke to a friend of mine who said that there might be a possibility that they can hold that against me, because they can ask, where is my husband, and if I am planning to apply for his spouse visa, and the answer to that is yes, I will apply for my husband's spouse visa as soon as I get my ILR.

So, will it held against me,the fact that I am married to someone who lived here illegally?I was planning on using the premium service.I hope someone can give me an answer to my question.Should I use a laywer?I never used a lawyer for any of my previous applications.I also thought that my case is fairly straight foward for ILR.I work for the same sponsor for the past 6 years now,I have been on a working holiday visa before, I will earn 30K and I don't drive here in the UK, have never used any public money and have spend 100 days outside of the Uk during the past 5 years.Oh, I have been so looking foward to applying for ILR, and now I am really really worried!
I will appreciate any comment or advice.
Thank you in advance

Post by **geriatrix** » Sat Jun 23, 2012 7:26 pm

Simple answer - apply for settlement as and when you become eligible.

wenner · Post by **wenner** » Sat Jun 23, 2012 7:41 pm

Thanks for the comment.Fair enough, just really wanted to know if it the fact that my husband lived here illegally before we got maried,if it can be held against me.If it will, then I can at least change my mind about applying in person, and use a lawyer .I just want to be prepared, and not stunned and surprised, like I was with three previous refusals.Sept is around the corner.

Post by **geriatrix** » Sat Jun 23, 2012 7:53 pm

Any breach of immigration law that your spouse may have committed has no relevance to any application that you make, unless you were involved in him obtaining leave in breach of immigration rules.

wenner · Post by **wenner** » Sat Jun 23, 2012 7:59 pm

Appreciate your reply.

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Question about ILR application