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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I think thats when she applies individually.vinny wrote:If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
It does, unless the OP is applying for settlement under the HSMP JR policy.eager2learn wrote:I think thats when she applies individually.vinny wrote:If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
In this case she is applying with the main applicant so this 2 years rule doesnt apply.
Only the people who will apply for ILR under hsmp jr can have their dependent spouse 2 years criteria removed? Why is that?sushdmehta wrote:It does, unless the OP is applying for settlement under the HSMP JR policy.eager2learn wrote:I think thats when she applies individually.vinny wrote:If she has been living with you in the UK for at least two years and on a dependant visa, etc., then she may apply for ILR with you.
In this case she is applying with the main applicant so this 2 years rule doesnt apply.
regards
Because requirements for indefinite leave to remain as dependant(s) of HSMP JR protected migrant(s) are covered by immigration rules 196D, 197 and 199, which are different from the requirements for indefinite leave to remain as dependant(s) of a Tier 1 (General) migrant(s) (319E & 319J).eager2learn wrote:Only the people who will apply for ILR under hsmp jr can have their dependent spouse 2 years criteria removed? Why is that?
319 E says the spouse has to remain with the applicant for atleast 2 years here but doesnt have to be on the dependent status for this 2 years.sushdmehta wrote:Because requirements for indefinite leave to remain as dependant(s) of HSMP JR protected migrant(s) are covered by immigration rules 196D, 197 and 199, which are different from the requirements for indefinite leave to remain as dependant(s) of a Tier 1 (General) migrant(s) (319E & 319J).eager2learn wrote:Only the people who will apply for ILR under hsmp jr can have their dependent spouse 2 years criteria removed? Why is that?
regards
Have you received any written confirmation from HO or all verbal advice?indran wrote:Vinny,
I am in similar situation as eager2learn and have been calling the home office to discuss in detail on 319E(d) but they keep saying that the spouse has to be dependent for 2 years. I spoke to about 7 home office workers and they all said the same thing. I even asked them to interpret the 319E and they interpret differently from what discussed here. I am confused if I should go for ILR for my dependent or extend their current pbs dependent and wait till they complete the 2 years before get them ILR. I am very concerned now, why all the home office workers are consistenly saying that it has to be 2 year as dependent. None of them say, what you are saying. Why?
I would reply to HO and ask them to clarify the above statement in view of 319E(d)(i) as it contradicts the Immigration rules.indran wrote: HO stated the following " After switching into this category any time spent as HSMP visa holder cannot be combined to reach two years. She can submit a PBS (Dependent) application form with you to complete two years in the UK".