ILR for Wife

[VRM]

My wife and I were married in India in 1995. We came to UK in May 2001 (I came on Work Permit). In May 2005 I applied for ILR and got it. My wife did not apply for ILR at that time, as she was still an employee of the Indian Govt at that time. In June 2006 I applied for naturalisation and was granted British Citizenship in August 2006. My wife continued staying as my dependant, as our original residents permit was valid until April 2008.

I recently applied for ILR for my wife (using a SET(M) form) assuming that she was eligible for the same. However the application was rejected and I was told that she had to apply on an FLR(M) form, and will only be granted ILR after completing a 2 year probationary period as my wife. I am confused. Why cant she apply for ILR now?

[John]

Was your wife actually working in the UK for the Indian Government when you got your own ILR? Or was she working outside the UK?

Anyway, too late to do anything about that now. You having got your ILR, and indeed now BC as well, well that is the way it works ..... your wife needs to apply for a 2-year visa first, before going for the ILR.

When you say the application for ILR was rejected, did they take the money? Or was it rejected at a PEO prior to them taking the money?

[vinny]

If your wife entered the UK as a spouse of a work permit holder, then she could try applying, using SET(O), under paragraph 196E, instead of 288.

However, they may still refuse under paragraph 196F, with reference to 194D(ii), because you now hold British Citizenship rather than ILR!

[paulp]

196E calls for all the requirements of 196D to be met, of which:

"(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity."

may be a problem for the OP's wife?

[VRM]

Thank you all for your replies.

John: No my wife was not working in the UK when she arrived here. She was on a leave of absence from her Indian Govt job. Fortunately they have agreed to refund the fees, and have asked my wife to reapply using the FLR(M) form.

Is there any chance we may apply using the SET(O) form, as suggested by Vinny?

[John]

Unfortunately I think not, for the reason as stated by paulp.

[vinny]

196E calls for all the requirements of 196D to be met, of which:

"(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity."

may be a problem for the OP's wife?

On what basis did she initially enter the UK? Didn't she have an entry clearance endorsement as a spouse of a work permit holder?

[paulp]

On what basis did she initially enter the UK? Didn't she have an entry clearance endorsement as a spouse of a work permit holder?

That's right, the capacity that 196D(v) refers to is that of a spouse of a WP holder. So, we have to fall back to 196D(ii) whereby the OP no longer has ILR (as you pointed out in your first post).

[vinny]

Fortunately they have agreed to refund the fees

I think that it may be worthwhile asking the same people about 196E. If you inform them of your work permit history, then perhaps they may accept and approve your wife's SET(O) application?

[John]

I think the crux of all this is that I simply do not understand why VRM did not apply for ILR for his wife when he applied for his ILR. She was employed by the Indian Government .... so?

[paulp]

Does the Indian Government stipulate that its civil servants cannot have permanent residence abroad?

[VRM]

John,Vinny: My wife was a senior civil servant in India and had been granted study leave to come here and pursue a PhD. We were not sure whether applying for ILR was permitted or not under Indian Govt rules, so we went for the safe option and did not apply. It seems like a mistake now, but nothing can be done to change that!

However thanks for all your comments. My wife has a PEO appointment next week and will try to pursue the SET(O) route as suggested by Vinny. If not we will wait for another 2 years for her ILR, which in the long run does not really matter

[paulp]

The PEO is for straightforward applications. Let us know what they say at the document checking counter and how she gets on.

[VRM]

Are you suggesting that if my wife just applies via the FLR(M) form [and forgetting about SET(M) or SET(O)], this will not be treated as a 'straightforward' application? Your views will be most welcome.

[John]

I think an application on form FLR(M) for a 2-year spouse visa would be straightforward ..... based upon what you have posted.

[paulp]

Are you suggesting that if my wife just applies via the FLR(M) form [and forgetting about SET(M) or SET(O)], this will not be treated as a 'straightforward' application? Your views will be most welcome.

You said: "However thanks for all your comments. My wife has a PEO appointment next week and will try to pursue the SET(O) route as suggested by Vinny. If not we will wait for another 2 years for her ILR, which in the long run does not really matter"

Where did the FLR(M) come from?

[John]

Where did the FLR(M) come from?

That is the form to use to apply for a 2-year spouse visa.

[VRM]

John: Thanks for all your useful advice in this matter. Fingers crossed the FLR(M) application will be straightforward and she will get the 2 year extension when she has her PEO appointment.

paulp: When my wife's postal SET(M) application was rejected, she was sent an FLR(M) form and asked to apply on that. Based on what has been said by all of you, she is not currently eligible for ILR, so we are only applying for a 2 year extension.

[VRM]

Just to let you all know that my wife attended the PEO appointed a few days ago and was granted 2 year extension of her visa as the spouse of a UK national. She will be eligible for ILR in 2 years time. Thanks for all your comments.

[John]

Glad that is now sorted. Actually your wife can apply for the ILR 28 days before the expiry of the current 2-year spouse visa ... so only 23 months to wait now.

And assuming that she was in the UK exactly 3 years earlier, as soon as she has her ILR she can apply for Naturalisation as British.