query

[charlie1357]

hi
i got my ILR on 18/05/13 (on the workpermit 57 months + tier2 visa only 2 months ). my wife basically on spouse visa joined me in uk in august 2010 till august 2011 and then she was away from uk to give birth to our 2nd baby. she is back now since december 2012. my query is about her visa status as there was a long absence from uk of more than a year and she along with my kids is still on work permit dependant visa:

1) can she apply for ILR along with my two kids or she will have to switch to tier2 dependant visa first. is there any time limit for her to switch to tier2 dependant visa.

2) how much time she has to spend to be eligible to apply for ILR would it be 2 years or 5 years.

thanking you

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants

[vinny]

hellow
i have reposted query as i did not find any answwer.
i hope this time some one could help me out of this situation.
pleaseeee
i got my ILR on 18/05/13 (on the workpermit 57 months + tier2 visa only 2 months ). my wife basically on spouse visa joined me in uk in august 2010 till august 2011 and then she was away from uk to give birth to our 2nd baby. she is back now since december 2012. my query is about her visa status as there was a long absence from uk of more than a year and she along with my kids is still on work permit dependant visa:

1) can she apply for ILR along with my two kids or she will have to switch to tier2 dependant visa first. is there any time limit for her to switch to tier2 dependant visa.

2) how much time she has to spend to be eligible to apply for ILR would it be 2 years or 5 years.

please answer my query to help us outa this situation.

thanking you

[vinny]

It may be complicated because she didn't switch to Tier 2 dependant when you switched to Tier 2.

I don't think that she may easily switch to Tier 2 dependant now as you have ILR and 319C(h) fails?

Perhaps FLR(M) under the new rules (5 years qualifying period)?

[charlie1357]

thanks vinny for your response
could you please explain a bit furthe:
1: is there a time limit on changing the visa category like in my wife and kids case they have got leave to remain under Work permit Dependants till september 2013. do we have to change their visa's now by using FLR or we can wait till september.

2: bye the time i applied for ILR i spent 5 years like 57months WP and 2 months on tier2. cant it be the same for my family as well i.e. 2 years

thanks again for your help

[vinny]

1. I don't think that there is a time limit.

2. However, I think that it may be complicated.

[charlie1357]

yes vinny i know its all very complicated and i hope they are not going to be ILLEGAL

OMG


thanks for your response

[manci]

As vinny said, this is not a straightforward case.

Your wife has leave to remain until Sept 2013 as a work permit dependant. IMHO she has not breached immigratiion rules even though you have switched to Ter 2 first and then obtained ILR. - all this happened relatively recently.

For PBS dependants (NOT your wife's case) who obatined their spouse visas before July 2012 there is a 2 year probationary period before they can apply for ILR as the spouse of a settled person. There is no rule limiting the length of absences during the probationary period, this is a discretionary matter and depends on a number of factors.

I am not certain, but doubt if there are grounds for refusal if she applied for ILR now on the SET(M) form. Her absences were to do with her pregnancy and birth of your children abroad. The important thing would be to provide evidence for this and in particular to provide documentation to demonstate that your married relationship subsisted during her absences (letters, emails, etc).

[charlie1357]

hi vinny and manci
we are now ready to apply for ILR for my wife and my younger daughter (not a UK born ) though they still got visa till 11 sep 13. (applied for british [passport for my elder daughter..UK BORN...ON THE BASIS OF MY ILR ).

Please suggest me once again if it should be Set (0) or SET (m).
please be kind and help us...

ragards

[geriatrix]

From what you have written, I don't think your wife and child can apply for settlement .... as Vinny has also already mentioned before.

To apply for settlement as a PBS dependant, one must be in the UK as a PBS dependant (319E(c)). From what you have written, it appears that your wife is still on a "WP dependant" leave and is not in the UK as a PBS dependant.
So, she cannot apply for settlement as a PBS migrant.

To apply for settlement as a WP dependant, the partner (principal WP migrant - you) should have been granted settlement under the WP route (196D(ii)). But you were granted settlement as a PBS migrant not as a WP migrant.
So she cannot apply for settlement as a WP dependant.

[vinny]

The rules are so complicated. SET(M) requires FLR(M) or partner of settled person entry clearance.

They could try their luck with SET(O) at a PEO. KOL also required. Perhaps they may be as lucky as some Long residence dependants.

However, in case they fail SET(O), do complete the FLR(M) too. English language, etc also required.

[charlie1357]

thank you very much sushmehta and vinny

@ vinny : could you please put some more light on APPLYING at PEO AND CHANCES OF ILR on grounds of SET O WP DEPENDANTS. and also please mention will we get an appeal if we are refused incase.

a quick answer please as we are ready for tomarrow and what docs should be included.

thanks again.

[Amber]

Click on the links Vinny gave (blue text on posts).

[manci]

please update for the benefit of the forum

[charlie1357]

rang in home office and after 3 days of trying finally got the chance to speak to someone...lady over the phone was very helpful and patient to listen and suggest me as following:

1)She asked me why did not i switch the dependents visa to tier 2 and then again why did not we applied for ILR together at the time when I applied for my ILR at PEO??

my answer was that because of the financial issues we were not able to apply together as i switched my visas at both occasions through PEO liverpool.

2) what is the expiry date on my workpermit?

told her its 11 sep 2013. and dependents visa are also going to expire on the same day.

3) when did my wife got her visa as my dependent ?

in august 2010


SHE ASKED ME TO HOLD THE LINE AND WILL BE BACK AFTER CONSULTING HER LINE MANAGER...

she told me that since my wife got visa before july 2012 therefore we should apply on SET O giving details in cover letter for not switching visas and a year long absence from uk for the maternity reasons.

home office also advised to preferably submit application by post as its a bit complicated.

SO ON THE BASIS OF ALL THIS WE DECIDED TO CANCEL OUR PEO LIVERPOOL APPT BOOKED FOR 4TH SEP AND WILL SEND THE APPLICATION ON MONDAY THE 09TH SEP.

well wish me luck now (':?') and

Please suggest me if i need to submit my passport or a copy of the passport will be ok. moreover my BRP is in homeoffice but i have got the BRP reference number with me WILL THAT BE OK ...



:D :D :D

[charlie1357]

thank you very much immigration board
thank you very much Manci,vinney,Batley khan, sushdmehta( you guys are really shining stars)
Manci have been of outstanding help and guidance.
we finally received ilr approval and BRP cards on same day 12/12/13.

time line as follows:

submission day: 09/09/13
received by home office: 11/09/13
biometrics: 10/10/13
approval and brp received : 12/12/13

our case was complicated but we followed the threads and very informative topics on immigration borads, also consulted 2 very famous solicitors often appearing on tv but they are not necessarily very good people, finally we followed mr MANCI AND VINNEY AND then made it.

once again thanks very much manci for your kind help.
xxx