ILR for spouse

[madadireddy]

I came to UK on 8 July 1996. I was on permit free training as a postgraduate doctor from Aug 1996 till Nov 2004. I have been working as a consultant in the NHS on HSMP visa for the last one and half years. I will be finishing lawful stay of 10 years in this country on 8 July 2006. There are no breaks in my stay on UK. I am applying for Indefinite Leave to Remain on 12 June 2006?

My wife is living in this country from Sep 2002. She is currently on a dependent visa. Is she eligible for ILR ? Can she apply for ILR on my form SET (O) or should she apply on SET (M) separately? Can she apply along with me on 12 Jun 2006? Should she wait till the current leave to remain expires on 8 Nov 2008?

Please advise

[stedman]

I'd advise you to apply on July 8, not 12th June. Why do you need to apply a month early when you have HSMP? Your request could well be turned down or delayed.

If you are due ILR, your wife is also entitled to it. You apply on the same form, SET(O).

[madadireddy]

I am worried about this clause I found on the IND website:

Please Note:
If you are applying for indefinite leave to remain in the long residence category (ie a continuous stay of 10 years or more in the UK), please note that you may not include any dependants (ie spouse, partner or child under 18) in your application. The reason for this is that dependants are not covered in the long residence category of the Immigration Rules.

If they are applying in the long residence category in their own right, each must apply (and pay) separately on Form SET(O).

If none of your dependants qualifies to apply in the long residence category, they may apply as follows:

* For leave to remain on Form FLR(M) as the spouse or partner of a person present and settled in the UK, with any children under 18 being included as dependants.
* For indefinite leave to remain on Form SET(F) as the child(ren) of a parent present and settled in the UK if you are the only parent and/or have had sole responsibility for their upbringing. If there is more than one child, each must apply (and pay) separately.

[stedman]

Hmm tough one. Is there any point her applying, then - as she is covered by the HSMP dependent stamp?

[John]

I'd advise you to apply on July 8, not 12th June.

I disagree, it is clear from the form SET(O) that a 10-year application can be made 28 days before the expiry of the 10-year period.

Also I don't think the wife, in the UK for less than 4 years, can get ILR under the same 10-year heading. Instead an application should be made by the wife on form FLR(M) and then the wife will get a 2-year visa, near the end of which she can get ILR.

Both applications can be submitted at the same time.

madadireddy, having got your ILR you intend to apply for naturalisation a year later? If so, when your wife gets her own ILR she will be instantly eligible to apply for naturalisation for herself, given that she will then be married to a British Citizen (you!).

The two of you might want to study for, and hopefully pass, the Citizenship Test together. Pass certificates do not expire.

[madadireddy]

My wife currently has a dependent visa (dependent on my HSMP visa) till Nov 2008. Will she be able to apply for a different dependent visa (dependent on my ILR visa) using form FLR(M)? Is there any difference between the two dependent visas?

[John]

Firstly making the new application will bring forward the day when your wife can apply for ILR, and thus also bring forward the date when she can apply for Naturalisation as British.

Secondly, I don't think the term "dependent" is right for the sort of visa she would get by completing the FLR(M). That application would succeed because on you getting your ILR you are said to be "settled". Her getting that "spouse visa" gives her better rights, for example, if anything happens to you.

I would suggest that paying the £335 or £500 for your wife's new visa would be a good "investment".

[Smit]

John

Just to correct you, I believe that Pass Certificates are only valid for 1 year.

Smit

[John]

Smit, can I ask, your source for that? I ask because I cannot recollect seeing that anywhere on the internet.

[Smit]

John,

I am quite sure I read somewhere that pass certificates are only valid for 1 year, I cannot lay my hands on the source straight away, perhaps someone else could confirm whether this is true or not.

S

[ppron747]

The British Nationality (General) (Amendment) Regulations 2005 make no mention of an expiry date. I suspect they would, if there were such a thing, given that it was these Regulations brought the requirement for the test into force....

[madadireddy]

Many thanks for your advice. My ILR has been approved today. I applied in person in Liverpool. My wife has got 2 years 'probationary' spouse visa on the basis of my ILR. We are looking forward to taking the citzenship test.

[John]

madadireddy and wife, congratulations on your new visas. Glad it all worked out, as expected.