Can I apply for ILR dependant with my husband

dhana6_82 · Post by **dhana6_82** » Thu Nov 25, 2010 3:53 pm

My husband currently holds a Tier 1 Visa and he is completing 5 years in UK very shortly and I am his spouse holding an individual Tier1 visa as well and my kid is my Tier 1 dependant and I live in UK with my husband since August 2008 .My husband is planning to apply for ILR. Can me and my kid be eligible to apply as his ILR dependant along with his ILR application?

Please note we have lived together for 2 yrs in UK but my kid or me have not been his dependant to him .Can we still apply as his ILR dependant along with him?.Pls advice

Post by **geriatrix** » Thu Nov 25, 2010 3:57 pm

dhana6_82 wrote:My husband currently holds a Tier 1 Visa and he is completing 5 years in UK very shortly and I am his spouse holding an individual Tier1 visa as well and my kid is my Tier 1 dependant and I live in UK with my husband since August 2008 .My husband is planning to apply for ILR. Can me and my kid be eligible to apply as his ILR dependant along with his ILR application?

Please note we have lived together for 2 yrs in UK but my kid or me have not been his dependant to him .Can we still apply as his ILR dependant along with him?.Pls advice

No.

This said, you and your child may be eligible for settlement at the same time as your spouse if you both change your immigration status to that of your spouse's dependant. This can only be done by applying for entry clearance (from outside UK) as a dependant of Tier 1 (General) migrant.

regards

dhana6_82 · Post by **dhana6_82** » Thu Nov 25, 2010 4:28 pm

But there is nowhere mentioned that the wife should have to be a dependant to the main applicant but rather it is just said that both should be living together in UK for a minimum of 2yrs.

The 2 year residential requirement for ILR dependant eligibility must be fulfilled by living in UK as a dependent or whether the 2year residential requirement can be fulfilled by merely being in a relationship for 2 years in the UK without being a dependent.

Post by **geriatrix** » Thu Nov 25, 2010 4:39 pm

Dependants (spouse/partner/child) cannot apply for settlement as a dependant(s) unless the dependants (spouse/partner/child) are in the UK with leave to enter / remain as dependant(s) of the main PBS migrant (eligible / applying for settlement).

At the moment, both of you are PBS migrants in your own right and neither of you is "dependant" of the other. Hence not eligible to apply for settlement as a dependant (319E(d)).

regards

dhana6_82 · Post by **dhana6_82** » Thu Nov 25, 2010 5:00 pm

Thank you very much.Can we then apply as his dependant once he gets his ILR?Can that be applied as an in-country application? Please advice.

aosun007 · Post by **aosun007** » Thu Nov 25, 2010 5:10 pm

if it is not possible to apply as the spouse of the main applicant as dependant
Who is then a dependant?
According to home office definition of dependant...
Dependant is someone who depend on you financially husband,wife and children under 18.
2. Why did paragraph 34D allow the inclusion of spouse as dependant
Furthermore,like someone has stated and also in their website that your partner can apply with you as long they have lived with you for 2 years.

I know the powerful moderator will cite the section of the law that states that the dependant must have EC in this capacity.
Dont we think that law is actually made for all but discretion is permitted in individual cases..do the caseworkers want to claim that living together as well as lawfully resident as married/unmarried couples for 2 years is not sufficient enough to proof that one is a dependant and i am in the same situation with the poster.
i want the powerful moderator to share his opinion and possibly inform home office to address this situation.
Thanks

Post by **geriatrix** » Thu Nov 25, 2010 5:11 pm

dhana6_82 wrote:Thank you very much.Can we then apply as his dependant once he gets his ILR?Can that be applied as an in-country application? Please advice.

After one of you is granted settlement, the other (spouse) may apply for leave to remain as spouse of settled person using FLR(M).

But your child (dependant of the spouse not yet eligible for settlement) may not be able to change immigration status from within the UK (297).

regards

dhana6_82 · Post by **dhana6_82** » Thu Nov 25, 2010 6:12 pm

If that is going to be the case for my kid then what are the other options for my kid to get the ILR dependant?Will it work out if I apply for my kid from our home country,India? or Can I change her visa status to Tier1 dependant of my husband and then apply for the kid when my husband applies for his ILR? Pls advice.

Post by **geriatrix** » Fri Nov 26, 2010 1:56 am

dhana6_82 wrote:If that is going to be the case for my kid then what are the other options for my kid to get the ILR dependant?Will it work out if I apply for my kid from our home country,India? or Can I change her visa status to Tier1 dependant of my husband and then apply for the kid when my husband applies for his ILR? Pls advice.

Answer.

regards

dhana6_82 · Post by **dhana6_82** » Fri Nov 26, 2010 8:31 am

Dear Moderator,

What do u mean by just saying 'Answer' in one word?I really don't get u

Post by **geriatrix** » Fri Nov 26, 2010 1:42 pm

dhana6_82 wrote:Dear Moderator,

What do u mean by just saying 'Answer' in one word?I really don't get u

Click on the linked text.

regards

aosun007 · Post by **aosun007** » Sun Nov 28, 2010 12:26 pm

sushdmehta,
Can you please comment on my previous response on this post.
Regards.

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Can I apply for ILR dependant with my husband