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Ahmad212059
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Indefinite leave

Post by Ahmad212059 » Fri Oct 14, 2016 7:01 pm

Hi,
May be someone can help me out. The thing is that I am a British citizen & my wife came in U.K more than 5 years ago she came here with her parents. Her dad had a Tier 2 Minster of Religion visa & she had a PBS dependent leave to remain visa.
which is now expring in Dec 14 2016 this year. What' shall I do now I haven't changed her status plz note that she have completed her 5 years as PBS DEPENDENT visa. I have called home office twice they are saying that she can apply INDEFINITE LEAVE but my lawyer Saying she can't as she is married now.
My income is low & I am taking benefits . Do help me plz.

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CR001
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Re: Indefinite leave

Post by CR001 » Fri Oct 14, 2016 8:46 pm

A few questions to understand the whole picture.

1. How old is your wife?

2. When did you get married?

3. Does she work?

4. What is your income and what benefits are you claiming?

5. Do you live on your own with your wife?

6. What is the immigration status currently of her parents?
Char (CR001 not Casa)
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Ahmad212059
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Re: Indefinite leave

Post by Ahmad212059 » Sat Oct 15, 2016 11:58 am

Hi, Answers to your questions.
1. She is now 24 Years old.
2. We got married in March 2014.
3. She don't work.
4. I earn £1087 gross per month & Claiming Housing & Working Tax Credits as a couple but its under my name.
5. Yes we being living together.
6. Her parents had a Tier 2 (Minister of Religion Visa) but now they applied for IRL.
Note: I have not changed her visa status to Spouse visa right now on her visa it does state PBS Dependant.

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CR001
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Re: Indefinite leave

Post by CR001 » Sat Oct 15, 2016 9:26 pm

She is no longer dependent on her father so I don't think her visa is valid. For ILR, she needs to still be his dependent. Will have to read up on it.

She will need to apply for FLR(FP) partner route if you don't meet the financial requirement.

Will move your topic to the family immigration forum.
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Ahmad212059
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Re: Indefinite leave

Post by Ahmad212059 » Sun Oct 16, 2016 9:36 am

But I have called Homeoffice 2-3 times they did say that she can Apply ILR as she have finished her 5 years as PBS DEPANDENT.

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CR001
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Re: Indefinite leave

Post by CR001 » Sun Oct 16, 2016 10:12 am

HO is known for giving out incorrect advice.

I stand to be corrected, but for dependents over 18, they still need to have a element of dependency on the main applicant and not be living an independent life. By marrying you, she is now your dependent, for 2 years already. See 319J(d) (click)
319J. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Casa
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Re: Indefinite leave

Post by Casa » Sun Oct 16, 2016 10:21 am

Be aware that if your application is refused, the HO will take no responsibility for any flawed advice given on the UKVI 'help line'.

https://www.freemovement.org.uk/immigra ... pectation/
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ahmad212059
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Re: Indefinite leave

Post by Ahmad212059 » Sun Oct 16, 2016 1:55 pm

If Homeoffice refuse will my fee will be wasted or they will put her on 10 years route.

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Casa
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Re: Indefinite leave

Post by Casa » Sun Oct 16, 2016 2:50 pm

No one can give you a guarantee on the outcome.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ahmad212059
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Re: Indefinite leave

Post by Ahmad212059 » Sun Oct 16, 2016 5:28 pm

Ya never know I get my wife ILR

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