ILR Question

[tomkin]

Hi Guys,

I am not sure if the rules are still the same, the questions is me and mrs are both on separate HSMP, 5 years to be completed in Oct and Aug respectively.

Can we apply for her ILR in Aug as me as her dependent or I have to apply for my own ILR in Oct ?

[ChetanOjha]

Sorry Wrong thread. Removing my comment.

Hi Guys,

I am not sure if the rules are still the same, the questions is me and mrs are both on separate HSMP, 5 years to be completed in Oct and Aug respectively.

Can we apply for her ILR in Aug as me as her dependent or I have to apply for my own ILR in Oct ?

[tomkin]

thanks

[nksg]

I dont think you both can apply ILR at the same time (If you and your partner are on indevidual WP/HSMP).

I have called up myself to check this for a friend (whose wife is on WP) and answer was NO.

They said that single application is only accepted in case of dependent visa. What they told me is its better if wife changes her status as dependent or waits for the completion of her own 5 yrs threshold.

Still if you manage to do it please update as this would be helpful for my mate.

@chetan, do you know any one who got it this way? or any link on the bia website would be helpful

Hi Guys,

I am not sure if the rules are still the same, the questions is me and mrs are both on separate HSMP, 5 years to be completed in Oct and Aug respectively.

Can we apply for her ILR in Aug as me as her dependent or I have to apply for my own ILR in Oct ?

[f2k]

Hi Guys,

I am not sure if the rules are still the same, the questions is me and mrs are both on separate HSMP, 5 years to be completed in Oct and Aug respectively.

Can we apply for her ILR in Aug as me as her dependent or I have to apply for my own ILR in Oct ?

I do not think you can (if i am intepreting the immigrations rules correctly). My understanding is that you need to have entered as a dependent, so it might require you to change first to her dependent which i guess is pointless for you. You will be able to take advantage of a 'couples' discounted fee if you chose to apply for naturalisation

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

[tss]

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

What if a person intially admitted in this capacity and later on change status ? Then in that case how this 196D(v) will be interpreted/applied.

[ChetanOjha]

Hi nksg,

Sorry put comment in wrong thread. I have now removed it.Thanks for correcting. Had some issues yesterday with this sites not sure if other members also faced it.

I
@chetan, do you know any one who got it this way? or any link on the bia website would be helpful