TIER 1 Visa Dependant Status

gvamsimba · Post by **gvamsimba** » Sat Apr 24, 2010 1:11 pm

HI,
I am applying for my ILR next month under the hsmp judiciary review....i got my initial hsmp in april 2006 for 2 yrs and got it extended for another 3 years in april 2008 as TIER 1 VISA...

My wife came to the uk in september 2008 as my dependant under TIER 1 Depandant....can any one say if she will be eligilbe for getting ILR with me under the judiciary review, even before she has not completed 2 years in the UK yet...

Many Thanks

gidoc · Post by **gidoc** » Sat Apr 24, 2010 1:44 pm

"Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement"

UKBA has defined this for Tier 1 visa spouse.

BW

gvamsimba · Post by **gvamsimba** » Sat Apr 24, 2010 1:57 pm

gidoc wrote:"Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement"

UKBA has defined this for Tier 1 visa spouse.

BW

Yes,I agree but i am applying under HSMP judiciary review scheme where the 2 year rule does not apply for dependants....am i wrong ?

gidoc · Post by **gidoc** » Sat Apr 24, 2010 10:07 pm

Thats true if your wife had a dependent HSMP visa as well. you may need to check this with UKBA on the phone or others may know.
Best regards

Post by **geriatrix** » Sun Apr 25, 2010 9:07 pm

2 year stay in UK as a dependent isn't a requirement when applying for ILR as dependent of HSMP migrant covered by HSMP Forum Judicial Review (settlement). Include your spouse as dependent in your ILR application as she is eligible for ILR at the same time as you.

e.g. -
Case 1 - ILR granted.
Case 2 - ILR granted.

regards

1664 · Post by **1664** » Mon Apr 26, 2010 9:40 am

Thank you for the confirmation sushdmehta.

farazfastian · Post by **farazfastian** » Tue May 18, 2010 5:23 pm

I'm in the same situation and got an appointment at Croydon. It's really a reliefe to know that my wife can apply with me but as i just spoke to UKBA and they're keep saying that my wife can't apply.

Now after reading your replies just wondering will they create any issue at croydon or caseworkers there are fully aware of this situation and they will process it as a normal application?

Many Thanks

Post by **geriatrix** » Tue May 18, 2010 5:53 pm

Not sure if you're through with the ILR application or yet to do so.

gvamsimba wrote:HI,
I am applying for my ILR next month under the hsmp judiciary review....i got my initial hsmp in april 2006 for 2 yrs and got it extended for another 3 years in april 2008 as TIER 1 VISA...

My wife came to the uk in september 2008 as my dependant under TIER 1 Depandant....can any one say if she will be eligilbe for getting ILR with me under the judiciary review, even before she has not completed 2 years in the UK yet...

Many Thanks

Since your wife applied for EC using VAF2, if UKBA caseworker tells you that your wife is not eligible for ILR at the same time as you, enlighten him/her of the fact that your wife has never applied for leave to enter/remain as a dependent of Tier 1 migrant. VAF10 form is specified for dependents of Tier 1 migrants (which your wife never used) and VAF2 form (which she used to apply for EC) is for dependents of HSMP (amongst other categories) - and therefore the 2 yr. residential requirement doesn't apply.

Reading this should help.

regards

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