ILR for wife within 1.5 yrs of marriage - how do you explan!

[raghu_tallam]

Hi,
One of my friends is on WP. He got married in Dec-07. His wife entered UK around Jun-08. He and his wife got ILR in Feb-09.

I could not understand how his wife managed to get ILR, as she's married for just over a year and she's been in UK for less than 2 years.

Can someone explain how this happened?

This forum topic says, the 2 yr rule does not apply for WP dependents:

http://immigrationboards.com/viewtopic.php?t=35480

Whereas the below links say they are required to have stayed in UK for 2 yrs after marriage, unless married for 4 yrs:

http://www.workpermit.com/uk/marriage.htm/
http://www.ukba.homeoffice.gov.uk/ukres ... ormset(m)/

[Rozen]

Hi,
One of my friends is on WP. He got married in Dec-07. His wife entered UK around Jun-08. He and his wife got ILR in Feb-09.

I could not understand how his wife managed to get ILR, as she's married for just over a year and she's been in UK for less than 2 years.

Can someone explain how this happened?

This forum topic says, the 2 yr rule does not apply for WP dependents:

http://immigrationboards.com/viewtopic.php?t=35480

Whereas the below links say they are required to have stayed in UK for 2 yrs after marriage, unless married for 4 yrs:

http://www.workpermit.com/uk/marriage.htm/
http://www.ukba.homeoffice.gov.uk/ukres ... ormset(m)/

LUCK?

[John]

Not luck at all! Confusion here about the difference between applications on form SET(M) and SET(O).

[vinny]

Different rules apply (196E & 288).

[raghu_tallam]

I just got an update from my friend. He filled one application SET O, where he would enter his and his wife's details. There are no questions in SET O regarding, how long the spouse has been staying in the UK etc , unlike SET M.

As per the above clarification, I guess the below situation is valid one:

1. The Main applicant gets married after he's stayed in UK for 4 yrs 10 months under Tier 1 (General) Migrant category.

2. He brings his wife 1 month later under Tier 1 (General) Dependent category.

3. Another month later, when he finishes 5 years, he applies for ILR on single application SET O. He and his wife both get ILR.

How silly is this, through marriage someone can actually get ILR in just 1 month!!!

Can someone disprove my logic?

Thanks
Raghu

[vinny]

Unfortunately, unlike wp dependants, 319E or 288 is applicable.

Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

[raghu_tallam]

Thanks vinny. That makes sense.

My understanding is whether you are on Tier 1/HSMP or WP, you would use single SET O for settlement application. In that case there is nothing in the SET O regarding how long the spouse has been staying in UK or how long they have been married to. So how would HO know?

[vinny]

Passport entry/exit stamps?

[navnas]

Hi Guys ,

taking advantage of the above discussion and your expert opinions , what will happen if the dependent(spouse) stay is less then 2 years and the main applicant goes to apply for ILR .

If the dependent gets refused for ILR then what about his/her immigration status ? like in my case iam a HSMP ( JR ) case and currently me and my wife's leave is extended as Tier 1 untill end of 2011 and will be eligible to applying ILR in this dec ..but my wife's total stay will be less than 2 years that time ....

best regards,

[raghu_tallam]

According to vinny No.

[navnas]

Hi Raghu ,

Do you mean to say that i cannot apply for ILR ??? or if i get it for my self then will my dependent can stay on as tier 1 dependent visa until 2 years completion ??

thanks

[raghu_tallam]

You can apply. But I guess your wife will get extension under marriage visa. When she's finished 2 yrs in UK, she can apply for ILR.