ILR Appointbooking for Family - Suggestion Pls?

[gd_chandrasekar]

Hi

I will be shortly eligible for ILR (2.5 yrs WP + 2 yrs HSMP + .5 yrs Tier 1 General). My wife is been in UK for 7 months only (Tier 1 General dependent). So I guess she is not eligble for ILR. Our current visa is valid till Jan 2013.

Question: I have seen in this forums that at the end it all depends on the Case worker, I am planning to booking for family ILR appointment. In case if the case worker says that my wife is not eligible then will he gives an option to apply only for myself or will he rejects mine as well? Or do I need to take a seperate appointment only for me and apply again?

Pls give your valuable suggestions.

Thanks

[geriatrix]

Are you covered by HSMP JR? If yes, then the 2 year residential qualifying period does not apply to your dependent (wife).

But if your HSMP was approved on basis of rules introduced 05-Dec-06, then the Immigration Rules (319E) seem pretty clear on the matter.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

I have seen in this forums that at the end it all depends on the Case worker

Please provide a link to the post(s) where you have seen that caseworker(s) applied discretion in waiving off residential qualifying period of the dependent (contrary to the Immigration Rules).

regards

[gd_chandrasekar]

not exactly on the wavier of dependant requirement, but on other cases like >90 personal leaves stretch, 28 days requirement between work permits and others..

so thought will take a chance, if in case the case worker says that i cant apply for my wife due to 2 years requirment, will he accept only my application and process for ILR or will he rejects everthing?