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What should I do? Confused...

General UK immigration & work permits; don't post job search or family related topics!

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HMRB
Junior Member
Posts: 65
Joined: Wed Aug 06, 2008 5:14 pm

What should I do? Confused...

Post by HMRB » Wed Oct 28, 2009 9:55 am

Can anyone help me on this?

I will be applying for ILR in Feb 2010 based on my 5 year work permit with one employer. I just got married and my husband is on HSMP since 1 year. My marriage was done the traditional way and is not registered here in UK as we need to apply for a certificate of approval to make it legal and we haven't done so yet.

Question 1: Will making my marriage legal have any problems when I apply for ILR next year or should I wait till I get my ILR and then get legally married here in UK?

Question 2: Should I ask my husband to become my dependant (he is on HSMP now) so he can also get ILR with me when I apply next year?

Any help would be appreciated.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Oct 28, 2009 10:21 am

If he marries you and he re-enters with a work permit dependant entry clearance, then you may include him in your subsequent SET(O) application (196E).

Don't forget the KOL requirements for both of you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

HMRB
Junior Member
Posts: 65
Joined: Wed Aug 06, 2008 5:14 pm

Hi

Post by HMRB » Wed Oct 28, 2009 10:32 am

Vinnie why does he need a work permit dependant entry clearance when he has been working in the UK for the past 1 year on HSMP?

Is it better just to apply for ILR on my own as it might be risky him converting as my dependent and if I get refused ILR then he also loses his stay here. But if he stays on his HSMP and I apply on my own then atleast if I get refused ILR I can become his dependant.He can be my fall-back plan then. OR

Do you think with the new citizenship rules kicking in he should just apply with me by becoming my dependant??

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Hi

Post by vinny » Wed Oct 28, 2009 10:43 am

HMRB wrote:Vinnie why does he need a work permit dependant entry clearance when he has been working in the UK for the past 1 year on HSMP?
Necessary if you want to include him in your SET(O) application (196E, 196D(v)).

However, if you suspect that you may fail, then it may be better for him to wait and see what happens.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

HMRB
Junior Member
Posts: 65
Joined: Wed Aug 06, 2008 5:14 pm

Hi

Post by HMRB » Wed Oct 28, 2009 11:26 am

Will getting married make my case more complicated when I apply for ILR on my own with no dependents?

HMRB
Junior Member
Posts: 65
Joined: Wed Aug 06, 2008 5:14 pm

Question

Post by HMRB » Thu Oct 29, 2009 9:16 am

Should I wait till I get my ILR and declare my marriage or does it have no effect what so ever when I apply for my ILR. My husband is on HSMP and is not dependent on me. When I apply it will be on my own so will marriage make any difference to my application?

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