Challenging the DLR decision for dependent.

[sanju12]

Hi

Me and my wife are living in U.K since 2003. My wife came here as a student from Hong Kong and I came as a dependent of a student.

Change in nationality law in 2010 my wife became British Citizen. At that time her application for student visa was refused because of gap between the course. At the same time her application for British Citizenship was approved.

My application for FLR(M) was rejected based on the gap of more then 1 month between the course of studies of my wife. During this battle they gave me limited leave to remain (DLR) until 2013 which need to be extended for another 3 years to be eligible for ILR.

Accordingly I will be eligible for ILR in 2016. In this case the Home office punish the dependent as they were no control on main applicant. Is this can be challenged ????????

[Lucapooka]

The rules are pretty inflexible on the requirement to have extant leave when applying for further leave to remain. You did not have extant leave but you were not asked to leave the UK and were given DL in lieu. The rules on DL are very clear in that you must make 6 years (3 + 3) in that category before you may apply for ILR. However, you are free to return to HK and apply for entry clearance within the immigration rules, and this will mean that you may apply for ILR within two years of your re-entry.

[sanju12]

To change the status,is the same requirement apply?

My wife is student nurse, is that acceptable?

We have own house and 3 other properties,so got rental income?

I heard that ,they are changing settlement visa duration, any idea when they are applicable, and if I go back home in April ,does it will affect me.

[Lucapooka]

To change the status,is the same requirement apply?

It`s not a very clear question but if you are asking whether it`s possible to switch into leave to remain from inside the UK, the answer is no. You will have to stick with DL for the required six years or leave and apply for a spouse visa from HK (or wherever you have citizenship or residence).

[Gregarious]

To change the status,is the same requirement apply?

My wife is student nurse, is that acceptable?

We have own house and 3 other properties,so got rental income?

I heard that ,they are changing settlement visa duration, any idea when they are applicable, and if I go back home in April ,does it will affect me.

I agree with Lucapooka comments. You have a lucky enough to get the DL, otherwise some ppl have left the country because of these immigration rules.

Please clarify your questions?

[sanju12]

If I leave U.K to change status: I want to know:
1.That my wife is student nurse at the moment, does I meet the financial requirement as we have rental income and our own home.
2. When new rules are coming in force?

[Gregarious]

If I leave U.K to change status: I want to know:
1.That my wife is student nurse at the moment, does I meet the financial requirement as we have rental income and our own home.
2. When new rules are coming in force?

Yes, you can switch into any other category but outside the UK.

But why are you so curious to get the ILR. By one way or the way, you will get your ILR till 2016. I know its long time to go.

Additionally, they are going to change and implement new rules that might be strict and harsh as well. If you go outside from UK, and you feel difficultly & unable to meet the requirement of new rules and regulations then you will no where.

According to new rules and regulations; they might not implement on 06 April 2012, but they will be sooner or later.

It is advisable to be at your place where you are.

BEST OF LUCK

[sanju12]

I need to sponsor my mother to stay with us in U.K.
To do so I need to change my status,sponsorship of my wife is not acceptable for settlement for my mother.
My DLR will not be cancelled until they approve my application in different category.

[Lucapooka]

Have you even confirmed that your mother qualifies for settlement? It's one of the hardest immigration categories.

[sanju12]

At least we can try. Chances are there

[Lucapooka]

Chances are there

So describe them!

[sanju12]

I want to know if submit my application as per current rules,if the rule change during the process of my application,the visa they will grant ,will be as per new rules or they will follow the date of application and the rule that time.

I believe that the new rules for family settlement visa to be implemented from Autumn. If this is the case,then I prefer to go to my home country to change my status. The immigration rules are changing very fast and they are increasing fees every year. So in the given situation I prefer to get ILR soon and be eligible to sponsor my mother.