ILR dependent query (10 months gap) - ILR Success Solihull

[Sep08T1Applicant]

vinny - one question, switching in-country will break the continuity?

Probably no.

Thanks vinny for your valuable response.
If that is the case then I think skum (considering skum scenario) can apply as PBS dependant and start her most recent stay as PBS dependant. Once skum's partner (Main applicant) applies for ILR then as per 319Ed(ii) skum will be eligible (only my understanding). Please also note d(ii) doesn't say the whole 5 year period should be PBS dependant. It only requires recent or current stay as PBS dependant with lawfully 5 years continuous UK residence and in a genuine relationship (just my understanding). If I understood d(ii) correctly then it gives more flexibility in terms of amalgamating previous dependant or non-dependant leaves (Still my understanding).

Kind regards

Yes need more clarification regarding 319 E d (ii) b. I agree Sep08T1Applicant - it seems that I should be able to apply for ILR along with my husband? I have already completed five years in Uk and I I change to dependent before my husband's ILR application, I should be able to get ILR along with him.
I dont understand 319 E d (ii) c as well

skum, I think you will be eligible based on the assumption I made earlier only if I understood the rule correctly. Ok here is a suggestion, why don't you email UKBA and try to seek clarification on 319Ed(ii) rule from 01/10/2013 including points below:

a)ask them about "continuous leave", how, why and when it is considered as broken
b)recent/current stay as PBS combining non-PBS dependant leave previously with lawful residence in a genuine relationship.

if we will be clear on these bits then we will be in a better position to decide or comment.

Again it is just my understanding and I hope this helps.
Kind regards

[deepg]

Thanks a lot Sep08T1Applicant. I booked appointment next Friday (just one week). I took appointment for my wife as well as I didn't know about these changes initially. Only after I booked the appointment I was aware of all these rules.

Looking at the facts and discussion, I feel, it is very less chance to get my wife ILR as I am applying after 1st October. But, I will try to contact UKBA to get more clarity if I can get reply within week. May I know how to contact them?

Also, can you suggest, if my wife ILR refused what would be her status? Currently she has Tier2 ICT dependent till 3-Oct-2015.

[Sep08T1Applicant]

Thanks a lot Sep08T1Applicant. I booked appointment next Friday (just one week). I took appointment for my wife as well as I didn't know about these changes initially. Only after I booked the appointment I was aware of all these rules.

A1: a) Wish you all the best and don't worry. If you still feel un-comfortable then cancel the appointment although it is not that easy as it requires to pay another fee if you wanted to apply alone.
b) which PEO?

Looking at the facts and discussion, I feel, it is very less chance to get my wife ILR as I am applying after 1st October. But, I will try to contact UKBA to get more clarity if I can get reply within week. May I know how to contact them?

A2: Email: SettlementOpsPolicy@homeoffice.gsi.gov.uk
I will again say if the understanding of the rule is correct then your wife is eligible for sure. I know the pain you are going through but it is worth trying. I am only worried about the fact as you are applying after 01/10/2013. Please do clearly mention in your cover letter about the d(i) - as your wife has completed more than 2 years and discuss your understanding of the rule d(ii) in place.

Also, can you suggest, if my wife ILR refused what would be her status? Currently she has Tier2 ICT dependent till 3-Oct-2015.

A3: I think her status will remain the same as it is now. I don't think that refusal will cancel your wife's current visa. You are quite safe in your case you might just get refusal (just assumed) in worst case then her current stay will be regarded as continue as it was

(Any gurus please kindly confirm if statement A3 is correct? I am trying to find reference to this statement)

I hope this helps, wish you all the best and good luck.

Kind regards

[vinny]

A3. Correct. There are no grounds to curtail her leave, if her circumstances and purpose remain unchanged.

Moreover, if they did curtail her leave, then she will have a right of appeal.

[Sep08T1Applicant]

Thank you so much vinny for confirming with references.

[skum]

I have been trying to find email ID of UKBA for inquiries related to Tier 1.

Cant find email id...does anyone know the link/id?

[Sep08T1Applicant]

Hi deepg,

I did try to PM and inbox keep saving it in my outbox,in case you didn't get it please do let me know I will paste you here or email you.

I wish you all the best and I am hopeful that your wife will get it with you rest it depends on that day, case worker and luck with facts, just be positive, concentrate and take every single cohibition document (definitely not required but just for the safe side) with you.

Any response from UKBA yet?
Lastly, which PEO is your appointment?

Kind regards

[Sep08T1Applicant]

I have been trying to find email ID of UKBA for inquiries related to Tier 1.

Cant find email id...does anyone know the link/id?

skum did you find the email address? I used to send email on settlement's one, I will try and find out if I can and post it here. thanks

[deepg]

Thank you, I got your PM. I have booked appointment in Croydon.

[Sep08T1Applicant]

Thank you, I got your PM. I have booked appointment in Croydon.

Hi deepg,

I can't stop to see your comments, I am hopeful, do pour us with your experience

regards

[deepg]

Thanks Vinny & Sep08T1Applicant for your help and information.

Today myself & my wife granted ILR. No interaction with case worker. Everything finished in less than 2 hrs. I have provided last 2 years cohabitation letters (around 20 total from 5 different sources, may be not needed, but submitted to be on safer side).

I will share my experience in detail in new post over weekend.

[Sep08T1Applicant]

Thanks Vinny & Sep08T1Applicant for your help and information.

Today myself & my wife granted ILR. No interaction with case worker. Everything finished in less than 2 hrs. I have provided last 2 years cohabitation letters (around 20 total from 5 different sources, may be not needed, but submitted to be on safer side).

I will share my experience in detail in new post over weekend.

Congratulations, Well done. Enjoy visa free life
Wish you all the best for future

Kind regards