Applying for ILR for dependant (wife)

hsmp2tier1 · Post by **hsmp2tier1** » Mon Aug 17, 2009 5:42 pm

Hi,

I have a confusion which I have not been able to get a clarification to by reading the related info available on the UKBA site. The situation is that I'm on Tier 1 and my wife is on WP. I'll be eligible for ILR next year and my wife next to next year. This is based on our own visas. Now, if I get my wife switched to as my Tier 1 dependant, will she be eligible to apply for ILR with me ?
I was earlier of the view that she cannot as she has to be in the UK for 2 years. But reading the UKBA site, the 2 years eligibility requirement is only for those who enter on spouse/marriage visa which is not the same as Tier 1 dependant visa. No where on the UKBA site am I able to find that the Tier1 dependant needs to be for 2 years in the UK before applying for settlement. Please can anyone point me to the link if I have missed this info.
If not then, I beleive that the Tier 1 or Tier 2 dependant can apply for ILR with the main applicant no matter how long the dependant has been in the UK.

Challenges on my understanding are most welcome.

Regards,
hsmp2tier1

Hope2007 · Post by **Hope2007** » Tue Aug 18, 2009 7:17 pm

hi hsmp2tier1

i wonder if you could pls tell me , how did your wife change her visa to dependant ? with in the UK or in your home country ...

Thanks

hsmp2tier1 · Post by **hsmp2tier1** » Tue Aug 18, 2009 7:44 pm

Hope2007 wrote:hi hsmp2tier1

i wonder if you could pls tell me , how did your wife change her visa to dependant ? with in the UK or in your home country ...

Thanks

home country

Hope2007 · Post by **Hope2007** » Tue Aug 18, 2009 7:55 pm

i presume , she would have gone & applied...how long did it take there? was she working when she had gone home to apply ? did she need to prove anything ? sorry to bother you ...i am in the same situation ...my wife is a hsmpian and i hold a wp until 2010..it looks like she may get ilr before me ...since we are on 2 diff visas , cant include me in her application as i am not her dependant currently...

thanks

hsmp2tier1 · Post by **hsmp2tier1** » Tue Aug 18, 2009 8:34 pm

Hope2007 wrote:i presume , she would have gone & applied...how long did it take there? was she working when she had gone home to apply ? did she need to prove anything ? sorry to bother you ...i am in the same situation ...my wife is a hsmpian and i hold a wp until 2010..it looks like she may get ilr before me ...since we are on 2 diff visas , cant include me in her application as i am not her dependant currently...

thanks

Hope2007, I believe you and me are in the same boat. No she has not changed yet but as I'll be eligible for ILR before her I'm planning to change her to my dependant if I'm sure that I can apply for her ILR with mine. The timelines depend on the country you are applying from. Are you from India ? It takes 1-2 weeks for the change.

Hope2007 · Post by **Hope2007** » Wed Aug 19, 2009 6:26 pm

hi hsmp2tier1,
oh i thought you had already changed the status...so r u going to do that then ?..i think , you have to change the her visa status to dependant in order to include her as your dependant in your application...

or if you get ILR and then you could apply for FLR(M) for 2 years spouse visa , by the time she completes the 2 years , the new law will be in place and she may have to wait for one more years ...etc ....

that is the reason i am so serious to get this sorted ...but my issue i have a kid also who was my dependant ..so i have to think about that ..

yes i am from india ..

when you guys are planning to change the status ?

hsmp2tier1 · Post by **hsmp2tier1** » Wed Aug 19, 2009 8:05 pm

Hope2007, I need to have the clarification that whether changing her status to dependant will make her eligible for ILR before the new rules come into force. If not then I do not think it would be any useful.
As far as I know, kids less than 18 years can apply at the same time as the main applicant.

Not sure if you or anyone in the forum has any clarity on the below:

If the requirement for the partner's eligibilty for ILR is minimum 2 years then does this need to be continous or cumulative. For example, if the partner was in the UK as a dependant for 18 months before changing to his/her own visa (say to WP from WP dependant ) and after few years changes back again to dependant (say to Tier 1 dependant from WP ) then is he/she can apply for ILR with the main applicant after 6 months as dependant. I'm saying this because technically the partner would have been in the UK as dependant for minimum of 2 years but logic hardly stands good for HO unless it's stated or someone has been in the similar situation to confirm.
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Hope2007 · Post by **Hope2007** » Wed Aug 19, 2009 8:27 pm

partner would have been in the UK as dependant for minimum of 2 years ..

where did you get this from ? to me , its new...anyone heard about this ?

hsmp2tier1 · Post by **hsmp2tier1** » Wed Aug 19, 2009 8:33 pm

Hope2007 wrote:partner would have been in the UK as dependant for minimum of 2 years ..

where did you get this from ? to me , its new...anyone heard about this ?

I also saw this just yesterday

Just read below 'How your dependants can apply for settlement' in the link

Hope2007 · Post by **Hope2007** » Wed Aug 19, 2009 9:03 pm

hmm..first time i saw this..ok r u covered by JR (hsmp before 2006)...then this might not apply...but still not sure....why dont u call up HO and ask ?

hsmp2tier1 · Post by **hsmp2tier1** » Wed Aug 19, 2009 9:11 pm

Hope2007 wrote:hmm..first time i saw this..ok r u covered by JR (hsmp before 2006)...then this might not apply...but still not sure....why dont u call up HO and ask ?

No, I'm not covered by JR. Yes, I'll call them but just wanted to see if anyone in the forum has been in a similar situation to share his/her experience. Also, HO people at times have different answers to same query.

Hope2007 · Post by **Hope2007** » Wed Aug 19, 2009 9:54 pm

True...but since you haven't had a answer you are after , it might help calling them ...please let us know what they say...my wife hsmp is convered by JR...but looked VFS visa forms back home..confusing forms...

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Applying for ILR for dependant (wife)

Applying for ILR for dependant (wife)