Can my wife apply with me for ILR

dharma123 · Post by **dharma123** » Sat Jul 13, 2013 3:21 am

Hi All,

I came to Uk on tier 1 on 2008 Sep.(5 years)

My wife arrived in UK on tier 1 since July 20l0.(3 years)

Can I apply for her too as my dependent or will she be eligible after 5 years. We have the co-habitaion proof since 2.5-3 years.

I am confused as many say I cant because she is not my dependent. Few say you can. Kindly advise

Best
D

Post by **vinny** » Sat Jul 13, 2013 4:31 am

No, as she is not your dependant. If she changes to being your PBS dependant, then that will be when her qualifying period for ILR as a dependant will start.

vc2013 · Post by **vc2013** » Sat Jul 13, 2013 11:18 pm

vinny wrote:No, as she is not your dependant. If she changes to being your PBS dependant, then that will be when her qualifying period for ILR as a dependant will start.

Vinny my case is also bit similar. I got married in 2010 and my wife came to UK in Feb 2011 on Tier 2 (ICT) since then we have Co-habitation proof. She switched to Tier 1 dependent visa in December 2011. I am planning to apply for ILR in August 2013. Can my wife apply ILR with me in August 2013?

From Rule 319 E of immigration rules I understand that dependent last entry clearance or leave to remain should be under dependent category however it does not specify whether the whole of the 2 year co-habitation period (if qualifying dependent visa was obtained 9 July 2012) should be under dependent visa ?

Does any one have similar situation ? could you share your experience please?

Many thanks![/url]

Post by **vinny** » Sun Jul 14, 2013 3:02 am

I think that she can.

rojo · Post by **rojo** » Mon Jul 15, 2013 4:42 pm

Hi vc2013,

Iam also exactly in the same situation and iam also planning to apply in end of august.
did you approached to any solicitors??
I get Mixed responses from different people.......

vc2013 · Post by **vc2013** » Mon Jul 15, 2013 5:29 pm

rojo wrote:Hi vc2013,

Iam also exactly in the same situation and iam also planning to apply in end of august.
did you approached to any solicitors??
I get Mixed responses from different people.......

Hi rojo
I have consulted couple of immigration experts/solicitors, it was mixed. One said you can try and another said you won't get it. I am planning to take both ILR and Tier 1 dependent extension app for my wife and try my luck at PEO. Refer to http://www.immigrationboards.com/viewto ... c&start=80 for some of similar cases from forum. Most people were successful.
Thanks

rojo · Post by **rojo** » Tue Jul 16, 2013 2:20 pm

Hi vc2013,

I did checked that post, its purely based on you luck....
By the way did you booked the appointment?
If so which PEO and what date?
Iam planning to book the appointment in this week or next week based on the availability of slots in last week of August as my visa expiry date is 20-Sep2013.

Did you tried to consult the council nationality checking service or Citizens Advise Bureau??

Regards,

manojult · Post by **manojult** » Wed Aug 07, 2013 2:56 pm

My wife was in a similar situation. Her ILR application was refused and then the appeal was allowed. I had a very frustrating experience with solicitors. I would summarise my experience as - most solicitors I spoke to were bad(I am trying hard to be positive here)...It is better to follow what people say here. I took a lot of of discussion to get my current solicitor to understand the rule. The barrister was good.

vc2013 · Post by **vc2013** » Thu Aug 08, 2013 1:21 pm

Hi Rojo

Both of our ILR applications got approved this morning at Croydon PEO. It was quick and efficient process, just took 45 minutes to approve. (I have carried photo copy of each document and given two files one originals set and one photo copy set.. I guess that saved some time for case worker)

I have submitted proof of cohabitation since my wife first arrived to uk under Tier 2 (ICT) and highlighted that fact in cover letter too.

From my PEO experience and other success stories, I feel like home case workers are well aware of this rule but just make sure you carry proof of cohabitation for more than 2 years. (There are few stories where applications were rejected like Manojult.. could be due to lack of awareness of those case workers but ulimately Manojult wife appeal was successfull)

Good Luck Rojo
Many thanks

rojo · Post by **rojo** » Thu Aug 08, 2013 8:53 pm

Congrats vc2013.

Can you please tell me what documents you submitted as cohabitation proof?
If possible can you post the cover letter (delete your personal info)?

Thanks,
rojo

vc2013 · Post by **vc2013** » Fri Aug 09, 2013 9:01 am

Hi Rojo

I have submitted following for cohabitation

Bank statements since she first arrived in UK, Council Tax correspondence for past 3 years (since she first arrived in UK), available bills since she first arrived in UK. I have also submitted few other documents but I can see that case worker retained photo copies of few council tax correspondence, bills and dep bank statements only.

My consultant prepared covering letter. I will post in the forum later today.
Many thanks!

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Can my wife apply with me for ILR

Can my wife apply with me for ILR