ILR - Need your advice on my Wife's eligibility.

[bammu]

All, Thanks a ton for guiding me.

Need your advice on my ILR application .

Have completed 5 Yrs in UK on workpermit. Planning to go for stamping, Got an appointment in croydon on 07/06/2010. Before the appointment i thought to check in this forum regarding my wife's eligibility. She is on dependant visa for 3.5 yrs, but last 6 six months she is in india for delivery. Is she also eligible for PR, can i go for stamping along with my wife in a single application.

I did check with HO, Guy who attended the call told me that it may get rejected, depends on the caseworker. Is it true. Please help me.

Thanks
Bammu

[dimsav]

Formally, your wife is eligible to apply for ILR together with you but she needs to be present in the UK on the date of application (though not necessarily present in a PEO). Can she get back by that date? If not, then it may indeed depend on of a caseworker...

BTW, if you are still going to try your chance, make sure at least that you have got family appointment (not a single, since you'll apply with dependants).

[Pierrot95]

As she is away with her passport, where do you think they will stamp her ILR?

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[dimsav]

As she is away with her passport, where do you think they will stamp her ILR?

Technically, it is not a problem nowadays -- DHL, UPS etc. I just doubt it would be a right decision for bummu though...

[bammu]

Can i take a family appointment and go with my wife for stamping. Will they accept my application, Because she is out of country for more than 6 months.

Some people told me that, She is not eligible so my application may get rejected. I am in confusion. Please advice.

[geriatrix]

India is one of the countries that does not allow shipping/courier of a passport across their borders. Getting it to UK through someone travelling (from India to UK) is also illegal as it has to be personally carried by the owner / holder.

No courier company operating in India will accept a passport for delivery outside India.

regards

[gidoc]

Your wife can apply later when she is back in UK, or else you may delay your application until she is with you.
Best wishes

[dimsav]

India is one of the countries that does not allow shipping/courier of a passport across their borders. Getting it to UK through someone travelling (from India to UK) is also illegal as it has to be personally carried by the owner / holder.

No courier company operating in India will accept a passport for delivery outside India.

Good point, I didn't know that...

Can i take a family appointment and go with my wife for stamping. Will they accept my application, Because she is out of country for more than 6 months.

Yes, you can apply together with your wife. As she is on a WP dependant visa, she needs just to present in the UK on the day of application, with no further residential requirements, see Rule 196D. (Only Tier 1/2 dependants must satisfy the requirement of living in the UK for 2 years.) Make sure though that you both have KOL test passed.

[gidoc]

Regarding sending a passport from India to any outside country or vice versa, only the Indian HC/passport office has authority to do that. i have had someone do that before via passport office in India..
Best Regards