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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 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
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.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