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Spouse Visa - eligibility for Settlement

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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aneil
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Posts: 34
Joined: Mon Nov 25, 2013 4:26 pm
Location: United Kingdom

Spouse Visa - eligibility for Settlement

Post by aneil » Thu Jan 30, 2014 12:28 pm

Hi there,

Can you please review my wife's case below and advise as I'm utterly confused?

My situation: I arrived in UK on HSMP in October 2007, Tier 1, ILR and eventually British citizenship in December 2013.

My wife's situation: She arrived here in UK in November 2010 as a dependant on Tier 1 visa (my visa situation then). Later on when I was applying for ILR (August 2012), she wasn't eligible for ILR failing to comply with the rule (living in UK for 2 years). UKBA then misled me and asked me to apply for Spouse visa rather than points based dependant visa. Since we applied by post, the Spouse visa was granted in May 2013 and the 5 year rule (starting fMay 2013) will be applied to her based on a new rule (since she was treated as a partner living in UK post 09July2012). That was the biggest mistake I have committed. I'm contemplating whether to appeal.

Now since I'm a British citizen, will it be any soon my wife can apply for ILR? Do we need to wait until May 2018 before she can apply for ILR? I don't want to phone UKBA as they have misled me despite calling them thrice earlier.

Any reply on this case is appreciated. Thanks for your time.

Regards
Aneil

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