Need help with wife ILR, very strange situation

cheers2boss · Post by **cheers2boss** » Fri Mar 19, 2010 12:32 am

Hi friends, Need some advice. Here the situation of my wife ILR application, I have taken appointment for her ILR application along with me on 30Mar.

Wife came to UK in 2005, stayed for about 6 months (191 days) as WP dependant
Went out of UK for 22 days
Came back to UK on her own WP and stayed for 1 year 10 months
Went out of UK for 1.5 yrs for delivery
Came back to UK as Tier1 dependant and is staying since 6 months (201 days as on March 30, 2010)

If you see she has spent nearly 3 years with me in UK but only 1 year as my dependant (on dependant visa). In this scenario can she apply for ILR, is she eligible? I am confused as the SET (O) application doesn't say anything about dependant's duration of stay. Whereas SET (M) application says we need to provide 6 docs as evidence of cohabitation so that we have been living together during the past 2 years. But this doesn't say that she needs to be on dependant visa. Does anyone advice me whether I should apply ILR for her now or not?

Post by **vinny** » Fri Mar 19, 2010 1:00 am

If you're currently on Tier 1, then I think that you may include your wife (319E) with you ILR application. KOL required.

Post by **geriatrix** » Fri Mar 19, 2010 11:42 am

Your spouse will be eligible for ILR only after completing 2 years in the UK as Tier 1 dependent (Immigration rule 319E(d)).

The 2 yr. clock started when your spouse entered UK (first time) as a Tier 1 dependent. Earlier periods spent in UK (as WP dependent & WP migrant in own right) do not contribute to residential qualifying period (for ILR) as dependent of Tier 1 migrant.

regards

cheers2boss · Post by **cheers2boss** » Fri Mar 19, 2010 12:53 pm

thanks vinny/sushdmehta, I am more confused now with both of yours contradictory replies. As per 319E (d) which says "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".

Now this doesn't say that spouse has to be in UK with me on dependant visa. Is my understanding correct, can you please clarify?

Post by **geriatrix** » Fri Mar 19, 2010 1:02 pm

Reading this topic will be useful.

Don't read 319E(d) in isolation, but alongwith, other associated rules governing leave to enter/remain requirements for PBS dependents. Read 319C(h) and then 319E(d)!

regards

cheers2boss · Post by **cheers2boss** » Sat Mar 20, 2010 10:40 am

thanks for clarification sushdmehta,

I have already taken ILR appointment for me/wife/kid for 30March at PEO. What should I do know, should I cancel the appointment or attend anyways? If I cancel I would again need to take another apointment which might take another 2/3 months. If I attend will they process for me/kid w/o wife's visa processing? Is this possible? Please advice....

Post by **geriatrix** » Sun Mar 21, 2010 7:17 pm

Personal opinion ... Cancel and book a family appointment afresh for self + kid.

Worth a try ... call UKBA and check if they can remove your wife's name from the family appointment. If possible, get it done. If change not possible, enquire if they would consider your + kid's application w/o processing your wife's application.

regards

Post by **vinny** » Thu Mar 25, 2010 1:19 am

As you have been living together as a married couple in the UK for at least two years, I think that 319E(d), as well as the other subparagraphs, are satisfiable.

cheers2boss · Post by **cheers2boss** » Thu Mar 25, 2010 9:24 pm

I called UKBA helpdesk and one helpdesk person said she can't apply. I called again this time a lady picked up and she said my wife can apply. I am now confused, so I am going ahead with applying her ILR as well along with me. Let's see how it goes. Also I have checked if one dpendant's application is rejected it won't affect the main applicant...so I will take a chance and try.

Fingers crossed........

cheers2boss · Post by **cheers2boss** » Wed Mar 31, 2010 12:22 pm

Hi guys, Thank you all for sharing the info. I got ILR for myself/Wife/kid yesterday at Croydon PEO. So the requirement is only that the spouse should live with you in UK for 2 years and not necessarily be in Tier1 dependant visa. Hope this will be useful for others.....let me know if you need any further information

vinseh · Post by **vinseh** » Wed Mar 31, 2010 4:44 pm

cheers2boss wrote:Hi guys, Thank you all for sharing the info. I got ILR for myself/Wife/kid yesterday at Croydon PEO. So the requirement is only that the spouse should live with you in UK for 2 years and not necessarily be in Tier1 dependant visa. Hope this will be useful for others.....let me know if you need any further information

Congratulations!!!

diago_nelson · Post by **diago_nelson** » Thu Apr 01, 2010 12:49 am

congratulations and cheers 2 boss!!

cheers2boss wrote:Hi guys, Thank you all for sharing the info. I got ILR for myself/Wife/kid yesterday at Croydon PEO. So the requirement is only that the spouse should live with you in UK for 2 years and not necessarily be in Tier1 dependant visa. Hope this will be useful for others.....let me know if you need any further information

Post by **vinny** » Wed Apr 07, 2010 1:50 am

Congratulations

iyanu · Post by **iyanu** » Wed Apr 07, 2010 12:16 pm

Congrats cheers2boss mate!

I followed through your state of confusion earlier in the post, so it is just leaving together and should not be on the type of visa but atleast 2 years in UK together.

Great and all the best in your next level - Citizenship (in case you need it).

aosun007 · Post by **aosun007** » Fri Apr 09, 2010 4:25 am

cheer2boss,
Big congratulation on getting your ILR. i need further information from you.i want you to explain on what basis your wife was given ILR having spend less than 2 years as your dependant under tier 1 category.
I want you to convince me that it does not matter the kind of visa you have but what matters is you have lived together for minimum of 2 years.

I used to think that it does not matter but when i checked immigration rules concerning applicant /dependant applying for ILR,it was clearly stated that you must have entry clearance as the spouse/dependant of tier 1 general to apply for ILR together but you are claiming that the immigration status does not matter . Can you provide further information.Big congrats again

cheers2boss · Post by **cheers2boss** » Tue Apr 13, 2010 6:18 pm

could you pls point me the link where it is written you must have entry clearance as the spouse/dependant of tier 1 general to apply for ILR together. I don't remember seeing this.

Post by **vinny** » Wed Apr 14, 2010 4:58 am

319E(c).

zyab · Post by **zyab** » Sat Apr 17, 2010 2:26 pm

hi
plsss if anybody can help me with this.

i am on indefinite leave to enter uk. i want divorce from my husband and he is threatning me that he will get my indefinite to enter uk canceled. i got my indefinite stay in 2006. and i m resident of uk since 2000. i didnt apply for british passport as i m from malaysia i cant hav two citizenships at a time.
can he really get my indefinite stay canceled. as i m a peacfull resident, never had any criminal record, never indulged in any criminal, anti social or anit state activity. as that really possible that he can get my indefinite stay canceled just like tht bcs i m leaving him. i want divorce of him.
all suggestions, advices and information would b appreciated. i m looking forward for kind n informative replies.
thnk u all very much.

Post by **vinny** » Sun Apr 18, 2010 2:29 am

It's highly unlikely that your ILR will be revoked because of your current circumstances, unless it was obtain via deception.

COOLSUMMERDUDE · Post by **COOLSUMMERDUDE** » Mon Apr 26, 2010 5:51 pm

Hi cheers2boss

CONGRATS!

I am also in similar situation. Pls. spare bit of time and guide me.

I came to UK in AUG/2005 on WP till AUG 2008 AND there onwards I shifted to TIER1. I think I am eligible for ILR 28 days before AUG/2010.

In APRIL 2006 she came here in UK ON her own work permit ,
NOT as a dependant on me.

IN SEP 2009 ,before expiry of her extended work permit, She went back to India and came back to uk as Dependant on my TIER1(Valis till 2011).

My wife would have been completed more than 4.6 years in UK in july 2010 (3.6 yr as on her workpermit and almost 1 year as my dependant)

Is my wife CAN APPLY as my dependant for ILR along with my application in AUG/2010?

Question is -: What all documents you produced to prove that you and your wife were living together from 2 year.

cheers

Post by **vinny** » Sat May 01, 2010 2:55 am

COOLSUMMERDUDE wrote:Question is -: What all documents you produced to prove that you and your wife were living together from 2 year.

cheers

Letters to both of you at the same address during the relevant period. Examples in FLR(M), relating to unmarried partners.

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Need help with wife ILR, very strange situation

Need help with wife ILR, very strange situation