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No.newcan wrote:Is it possible for me to apply ILR for my wife under SET (M) ?
No.RSetia wrote:I am a Tier 2 holder (earlier work permit ) now eligible for ILR. My wife's lived with me in Uk all these 5 years. She was my Tier 2 dependent from 2006-2009 (3 yrs) and then she got her own Tier 1 in Apr 2009. Currently she is not a dependent for visa purposes.
Q. Can i apply for ILR with her as a dependent on my SET(O) application?
Get her status changed to dependent and then apply for ILR together.RSetia wrote:I need to know for sure so that i can decide either to:
A. Go ahead with the ILR application now OR
B. Get her status changed to dependent and then apply for ILR a couple of months later.
319E(c) wrote:(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
so now the spouse have to go back to her home country to get an entry clearence as dependent before applying together?sushdmehta wrote:319E(c) wrote:(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
regards
my wife has previously passed an english test and got her tier 2. now she has to go back to the home country to get a dependent status as I will be applying for ilr. my question is, does she have to do another english test again(as her toefl or ielts may have expired)?sushdmehta wrote:1. Life in the UK test is not an English language proficiency test. See also New English language requirement for partners.
2. Yes, because 287(a)(i) is not satisfied.
3. No, for the same reason as above.
regards
RSetia wrote:Thanks sushdmehta
I did understand this to be the case, however when i called immigration office today morning to confirm that lady categoricallly confirmed thrice and she spoke to her supervisor also that i COULD apply for ILR for my spouse WITHOUT her being in 'dependency' status. She said most agents don't know this and this has never been allowed for other visa types and is allowed only for tier1/2 visa types. Is there a reference for this so that i can be doubly sure?
Or is this a grey area and it is discretionary by the caseworker? Further insight would be very helpful.
Also if i have to eventually have to get Tier 2 dependent status for my spouse, is there a way to apply from within UK or applying for Entry clearance from home country is the only option?
Thanks again
G