- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
What actually happened?319E. Requirements for indefinite leave to remain 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.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
Thanks a lot for your replies sushdmehta...sushdmehta wrote:The caseworker was wrong in his/her interpretation of the immigration rules / requirements.
A successful case.
regards
If i were you, i would write to UKBA first explaining everything and sending copies of relevant rules, copies of passport, details of case worker etc. Send by recorded delivery and keep proof.ilr_uk wrote:Thanks a lot for your replies sushdmehta...sushdmehta wrote:The caseworker was wrong in his/her interpretation of the immigration rules / requirements.
A successful case.
regards
so just curious, is there something we can do about it? I have the fees refund receipt with me. Would it be of any help if we consult a immigration lawyer?
Thanks for all your replies.xyz123 wrote: If i were you, i would write to UKBA first explaining everything and sending copies of relevant rules, copies of passport, details of case worker etc. Send by recorded delivery and keep proof.
You appear to have a case so i would hesitate to consult a solicitor and pay their fat fees for almost doing nothing (other than writing a letter)!
Once you have a reply from UKBA then you could consult solicitor if required.
she will not be an overstayer if she has leave until 2012.ilr_uk wrote:Thanks for all your replies.xyz123 wrote: If i were you, i would write to UKBA first explaining everything and sending copies of relevant rules, copies of passport, details of case worker etc. Send by recorded delivery and keep proof.
You appear to have a case so i would hesitate to consult a solicitor and pay their fat fees for almost doing nothing (other than writing a letter)!
Once you have a reply from UKBA then you could consult solicitor if required.
To be honest, I had posted in UKresident forum as well, and a solicitor in that forum replied saying that her refusal is right. So I'm all the more confused. And also, can someone tell me how long she can stay in UK legally with her Tier 2 dependent visa? I mean just concerned that if she would be considered as overstayer, if i go with consulting a lawyer/ write to UKBA directly.
eager2learn wrote:my wife got ILR along with me few days ago and she just converted into my dependent around 15 days ago from our home country.
I think he is saying that his wife got ILR a few days ago and got the dependent visa beofre that about 15 days ago (i.e. before the ILR?)sushdmehta wrote:eager2learn wrote:my wife got ILR along with me few days ago and she just converted into my dependent around 15 days ago from our home country.
If your wife was granted ILR with you then why did she have to become your dependant from your home country (after being granted ILR)?
Greenie, thanks for solving the complex puzzle of sushdmehta.Greenie wrote:I think he is saying that his wife got ILR a few days ago and got the dependent visa beofre that about 15 days ago (i.e. before the ILR?)sushdmehta wrote:eager2learn wrote:my wife got ILR along with me few days ago and she just converted into my dependent around 15 days ago from our home country.
If your wife was granted ILR with you then why did she have to become your dependant from your home country (after being granted ILR)?
According to this statement, it seems clear that (presently) dependant(s) of PBS cannot apply for settlement without switching to FLR(M) beforehand. But this restriction is being removed from 06-Apr-11 (as per above).Amendments to applications for indefinite leave to remain wrote:7.13 .....
Technical changes are being made to the provisions for indefinite leave to remain applications by dependants of Points Based System Migrants. These amendments allow dependants who are not applying at the same time as the main applicant to qualify for indefinite leave to remain as dependants of Points Based System Migrants, rather than as dependants of persons present and settled in the UK. This is consistent with indefinite leave to remain provisions for dependants in all other economic migration categories. These amendments also add this provision for other relevant Tiers of the Points-Based System (The pre-existing rules refer to dependants of Tier 1 Migrants only).
Thanks a lot Sushdmehta..anyways we have booked the appointment for FLR(M) on 25th of March. I will have a thought about it anyways. In the meantime, we were filling the FLR(M) form today and have a couple of doubts. I will post it in the "Immigration for family members" forum. Thanks once again.sushdmehta wrote:ilr_uk,
According to this statement, it seems clear that (presently) dependant(s) of PBS cannot apply for settlement without switching to FLR(M) beforehand. But this restriction is being removed from 06-Apr-11 (as per above).
So, perhaps it will be wise to defer the switch until 06-Apr-11 ... to know what the new immigration rule(s) will exactly state.