ILR related query, comment plz

[mundaGunda]

Hello all

I came to UK as spouse of student who was in full time education and intended to stay for over 12 months. So i can work as there was no work restrictions. After 6 months work I converted my visa to HSMP.

Question is if I've to apply for ILR, do HO consider my initial 6 month work as on work permit and count it towards 5 year. I tried to figure out answer but can only see 5 year on work permit + HSMP. I'm confused if working on spouse visa legally is equivalent to work permit.

Cheers

[try-one]

Your clock starts with the HSMP; student related visas do not count towards ILR.

[mundaGunda]

thnx for info but i'm still confused as my understanding is workpermit=someone allowed to work

spouse of student=allowed to work=work permit

if a=b
and b=c
then a=c

isn't it

[sakura]

thnx for info but i'm still confused as my understanding is workpermit=someone allowed to work

spouse of student=allowed to work=work permit

if a=b
and b=c
then a=c

isn't it

Wrong. You were not given a work permit, you were given a dependent visa of a student, which allows you to work. It is not a work permit - that is an entirely different visa and has nothing to do with you or your student-spouse.

Therefore, you cannot count the dependent visa period for your 5 years, and it starts with your HSMP.

When are you applying for ILR?

[pantaiema]

Agree with this

Your clock starts with the HSMP; student related visas do not count towards ILR.

[pantaiema]

Just for your thought, commen sense. If student dependant VISA count towards to your ILR, Anyone with students Visa who come with their spouse will be eligible for ILR for 5 years?. If it was correct, after 5 years your spouse will be aligible to switch to ILR (beacuse of your assumption that students dependant VISA count toward YOUR ilr).

After spouse get ILR, the one with student VISA could switch to dependant to their spouse ?

However, HO/BIA will not make this kind of blunder. It is also unfair to students without dependant.

thnx for info but i'm still confused as my understanding is workpermit=someone allowed to work

spouse of student=allowed to work=work permit

if a=b
and b=c
then a=c

isn't it

[mundaGunda]

When are you applying for ILR?

Well after this info, I think so it'll be another couple of years then

Anyways thnx for info

Cheers

[jes2jes]

Agree with this

Your clock starts with the HSMP; student related visas do not count towards ILR.

Not entirely true. Student/Student Dependants count towards the Long Residency Criteria on own merits for ILR.

[shoegazer]

Hello all

I am applying for ILR in October (1 yr work permit + 4 yrs HSMP) and would like to include my wife as a dependent on the application.

My wife came to the UK on a student visa in 2004 and changed to a work permit in 2005. We were married in 2006 but have been living together since 2004.

My question is, given that she is on a separate track for ILR (in 2009),

a) can I apply for her ILR as my dependent since we meet the requirements of Section 8, even though she did not enter/remain as my spouse?

b) will applying for her ILR as a dependent on my application jeopardize her current work permit status?

Thanks for your advice.

[sakura]

Hello all

I am applying for ILR in October (1 yr work permit + 4 yrs HSMP) and would like to include my wife as a dependent on the application.

My wife came to the UK on a student visa in 2004 and changed to a work permit in 2005. We were married in 2006 but have been living together since 2004.

My question is, given that she is on a separate track for ILR (in 2009),

a) can I apply for her ILR as my dependent since we meet the requirements of Section 8, even though she did not enter/remain as my spouse?

b) will applying for her ILR as a dependent on my application jeopardize her current work permit status?

Thanks for your advice.

I think she can only be put down as a dependent if she has a dependent's visa. So the best thing for you to do is, before you apply for ILR, she switches to a dependent's visa, then she can be included in your application.

There was a thread about this before - please use the search function and look for "ILR" + "dependent".

[shoegazer]

I think she can only be put down as a dependent if she has a dependent's visa. So the best thing for you to do is, before you apply for ILR, she switches to a dependent's visa, then she can be included in your application.

There was a thread about this before - please use the search function and look for "ILR" + "dependent".

Hi sakura, thanks for the quick response. I had a read through of the Section 8 rules and 295D.i. says that "the applicant has limited leave to remain in the UK which was given in accordance with any of the provisions of these Rules" which she does under WP.

Can you point me to the threads where a similar situation was discussed? I did do the search before posting this and couldn't find any info specifically for my situation.

[shoegazer]

After some more research I came on this thread (http://www.immigrationboards.com/viewtopic.php?t=18023)</a> which seems to indicate that if I pass ILR requirements the spouse does NOT need to pass a similar requirement even if she is on a different FLR track? We have lived together for 3+ years now (including a happy year of marriage) and it would be unfair (and expensive) to have her be refused ILR when I apply.

Anyone else have feedback (John or others experienced in this?)

[sakura]

I think she can only be put down as a dependent if she has a dependent's visa. So the best thing for you to do is, before you apply for ILR, she switches to a dependent's visa, then she can be included in your application.

There was a thread about this before - please use the search function and look for "ILR" + "dependent".

Hi sakura, thanks for the quick response. I had a read through of the Section 8 rules and 295D.i. says that "the applicant has limited leave to remain in the UK which was given in accordance with any of the provisions of these Rules" which she does under WP.

Can you point me to the threads where a similar situation was discussed? I did do the search before posting this and couldn't find any info specifically for my situation.

She can't apply for ILR with you because she is on a separate track. She isn't your dependent so how would they assume she'd qualify? She has her own WP that has absolutely nothing to do with you so she cannot be included.

See here: http://www.immigrationboards.com/viewto ... a+wife+ilr

http://www.immigrationboards.com/viewto ... a+wife+ilr

She needs to be on your HSMP visa as a dependent, in order to qualify. Otherwise, she will have to apply on her own.

After some more research I came on this thread (http://www.immigrationboards.com/viewtopic.php?t=18023)</a> which seems to indicate that if I pass ILR requirements the spouse does NOT need to pass a similar requirement even if she is on a different FLR track? We have lived together for 3+ years now (including a happy year of marriage) and it would be unfair (and expensive) to have her be refused ILR when I apply.

I'm unsure what your query is now; I'm just pointing to the fact that she needs to be on a dependent's visa to be included in your ILR application. She doesn't need to fulfil the full 5 years, no, as long as she is on the dependent's visa. But she will definately need to take the Life in the UK test to obtain ILR.

So what you do is,
1. get her onto your visa as a dependent
2. all parties aged 18 and over take the UK test
3. apply for ILR, with her (and all other dependents) on your application

[shoegazer]

Sakura,

OK that's clear. How would I get her onto my HSMP as a dependent? Would that mean re filing another FLR application as HSMP (and paying another fee)?

[sakura]

Sakura,

OK that's clear. How would I get her onto my HSMP as a dependent? Would that mean re filing another FLR application as HSMP (and paying another fee)?

I think so. But in the long run, you'd only have to pay one fee for ILR for you both (£750), so you're actually saving some money. Sorry, I don't know much about switching to dependent status - maybe ask in the HSMP forum (or wait for someone else to reply).

[shoegazer]

Unfortunately in this case I've already completed my 5 years and would need to apply for ILR before the end of the year. It seems like a bit of a Catch 22 situation. If I apply for her as my HSMP dependent that would then invalidate her current Work Permit?

Also, does she need to complete a minimum requirement (2 years) to be able to get ILR as my spouse? Or would that not matter i.e. as soon as I apply for ILR she will be considered alongside me?

We've both taken and passed the Life in the UK tests.

Thanks again for your guidance on a very confusing matter.

[shoegazer]

OK, I've had a look at the following Immigration Rules which only further confuses me. Apologies if I am posting numerous times on this thread but I would like crystal clarity on where HSMP spouses stand

From the guidance here on Section 2.2 it states :

(http://www.ind.homeoffice.gov.uk/docume ... iew=Binary)

2.2. Switching

Entry clearance is mandatory for entry in this category. In after-entry cases, however, where the applicant was not admitted as a spouse or child, caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met and that exceptional compassionate circumstances prevail. For UK ancestry dependants caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met. Any case which falls to be refused, however, should be refused on no-switching grounds.

Which sounds as if you CAN throw yourself at the mercy of the case worker in cases where you are being granted ILR? I can definitely prove my wife and I are in a long term marriage, have lived together the entire period of her stay here.

Sorry again but I just can't believe that her choosing to stay on a WP for employment would be negatively viewed in this way by IND.