Can i include wife in my ILR application

[tss]

Background:

1. I entered U.K in year 2004 on HSMP Visa and now Qualified to apply for ILR next month.

2. In year 2006 my wife got HSMP dependent visa

3. Before she entered UK, she got a job offer and her employer applied for her work permit and asked her to apply for work permit visa. when she get work permit visa stamped on her passport, her HSMP dependent visa got canceled

4. Year 2008 she changed job and now working for an international organisation and there on she is on visa exempt category ( "exempt vignette" ) and having valid entery clearance in that category.

Now my question is:

She is still having that initial HSMP dependent visa stamp on her passport, however it is canceled later on. and as i am applying for ILR next month, can I include her in my ILR application. If not is there any provision that she can switch to HSMP dependent category without going to home country.

Or is there any other option, she can get ILR alongwith me.

PS: She has letter from her employers stating that ealier she was on HSMP dependent visa and they asked to apply for visa on her own right.

[HSMP2008_JANUARY]

It doesn't matter if she had HSMP dependent visa or not. what matters is what is the status of her visa when you apply for ILR. As you said that when she got her WP stamped, her HSMP dependent visa got canceled.

[f2k]

I am not sure why your wife's former employers asked her to change to wp cause your case would have been 'straight forward'. i think for your wife to apply as your dependent she needs to have entered with a dependent visa. When was her visa cancelled?
Also this 'exempt vignette' is this kinda like a diplomatic visa or something? if so it may make her case for ILR/naturalisation possibly more complicated.

[tss]

why your wife's former employers asked her to change to wp ?

>> The letters which she have from her former employer, it states that because of security reasons, they want her to change to WP on her own right .. ie they do not want to take any risk on the event of marriage breakdown.

When was her visa cancelled?

>>> Year 2006

Also this 'exempt vignette' is this kinda like a diplomatic visa or something?

>>> Yes it is kind of semi diplomatic visa

[f2k]

Its a very interesting case and I hope some of the very knowledgeable members we have will be able to come up with something. I am not too clued up on whether someone on a diplomats visa has the same rights to ILR and naturalisation as other people. My understanding is that you cannot count time spent whilst 'immune' from immigration control anyway I stand corrected on that one. Anyway my reasons for talking about that scenario is that if it is the case then your wife really needs to change to dependent sooner rather later if she intends to eventually have ILR and BC.
Can you include your wife with your ILR application. I say a 'tentative' yes. this is because of 2 things. one she has to be your dependent when you make the application and 2, depending how they implement the ILR judiciary review, she may be exempt from the 2 year stay which is now required for dependents of points based applications. As described here in section319E

[tss]

anyone has experienced the circumstances described in this post ? please reply

[f2k]

To be able to apply as your dependent your wife needs to have enttered the uk as your dependent, thats according to the immigration rules

Requirements for indefinite leave to remain for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

(iii) meets the requirements of paragraph 194(ii) - (v); and

(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.

your wife entered as WP holder. Dont think she will be able to change in-counttry to be your dependent, others can advise if i am correct on this.

Anyway seeing that you came in 2005, you will technically be eligible for naturalisation the day you get ILR, so it may actually be quicker for your wife to get citizenship if she then applies as a spouse of a british citizen. i would advise that you change her status to dependent as soon as possible