ILR for wife not on dependent Visa

[newcan]

Recently i got my ILR and now i want to apply ILR for my wife and she is on tier1 visa.

She has completed 2 years and 3 months in UK under tier1 visa.We are living together for more than 2 years.Is it possible for me to apply ILR for my wife under SET (M) ?

Any advice is much appreciated.

Thanks,
CS

[geriatrix]

Is it possible for me to apply ILR for my wife under SET (M) ?

No.

Options:
1. She continue as Tier 1 migrant and apply for settlement as and when she qualifies, or
2. She may apply for leave to remain as spouse of settled person using FLR(M) and, under current rules, apply for settlement after living in the UK for 2 years as your spouse.


regards

[newcan]

Thanks for the reply.

1) My wife has cleared the Life in UK Test. Is she still required to write the English Language Test, to apply for FLR?
2) Does she need to wait for 2 Years to apply for ILR after getting the FLR? Since she stayed more than 2 years with me.
3) Can she apply ILR just after receiving the FLR?

Please advice.

[geriatrix]

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]

Hi,
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?

I have got contrary replies on the above from Immigration contact centre. 1 person told me that she can apply only if she is a dependent on the date of application. The other person told me that for Tier 1/2 the rules are different and she IS eligible to apply since she's lived with me for so long.

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.

Need to be sure which option (A or B) is possible/guaranteed, because last thing i want is to lose the Tier1 status and then go into a loop of FLR(M) for 2 years.

Please advise.

Regards
G

[geriatrix]

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?

No.

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.

Get her status changed to dependent and then apply for ILR together.


regards

[RSetia]

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

[RSetia]

To add,

the rules say that my wife has to be my dependent for 2 years in UK, which she satisfies, the only hitch being that this is not the most recent 2 years, it was 2006-2008.

I am thoroughly confused !!

[geriatrix]

Is there a reference for this so that i can be doubly sure?

319E(c).



regards

[RSetia]

Thanks, but will not the previous leave to remain satisfy this - which was as a Tier2 dependent.

[geriatrix]

(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

[eager2learn]

(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

so now the spouse have to go back to her home country to get an entry clearence as dependent before applying together?

[eager2learn]

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

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)?

[vinny]

No, not if applying as a Tier 1 dependant.

[Vin77]

RSetia - We are in exactly similar situation; have interview on Thu 20th Jan and only today realised our problem.
Husband is applying as primary applicant, I am not ona dependant visa - I have my own work permit and our son is dependant on my WP (

Can you please share any mroe info or your exp/result if you have already gone thru this?

Thanks

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

[vjs8in]

It looks like many of us are in this kind of a situation and unfortunately, nothing can be done unless the guidance changes, or some one takes the HO to the court and win an argument.