URGENT: ILR appointment next week, please help

[Abhi1979]

Hi Guys,

I will appreciate if someone can help me with the following query:

I came in the UK in June 2006 on WORK PERMIT, switched to DEPENDANT to my wife (who has TIER 1 - General) in Aug 2009:

1. Although I have been here for 5 years now but I have not completed 2 years as DEPENDANT to my wife - I have got documents to prove co-habitation for more than 2 years though.

Should I apply after finishing 2 years as dependant or the above is not an issue at all?

Thanks in advance.[/b]

[riojamel]

hi
that will not be an issue
r u applying on work permit basis

[Abhi1979]

Riojamel,

Thanks for the reply, I will be applying as the dependant to my wife who has TIER 1 General visa; so no work permit now.

Could anyone site any instances where this has not been a problem or point me to a immigration rule or something?

Thanks

[manyaonisland]

As your wife will be main applicant what matters is whether she is qualifying in terms of residency requirements? for you two years of cohabitation matters but it does not matter whether you were dependent all the time or for part of the time provided your stay in the UK was legal before getting dependent status.

[Abhi1979]

Hi Guys,

Relating to my above post, I had to cancel my appointment at PEO because when I called up Home office - they told me to finish my 2 years first as dependent (regardless of the fact I have been in the UK for last 5 years) before applying for ILR and if my wife applies for ILR without me, I will have to apply for a spouse visa to remain in the UK.

When I contacted a few consultants they said I am eligible for ILR sametime as my wife - Is there a successful case for ILR similar to mine post April 2011?

Please help.

[kenfrapin]

When it comes down to the actual letter of the law, you, unfortunately do not qualify. Technically you have been here for 5 years BUT as a dependant applicant, you do not meet the so required siper-set rules of applying AS a dependant.

To clarify further, for a main applicant to apply for a dependant with the application, proving cohabitation is just an after thought or a sub-set to the main requirements. To qualify as a dependant per se, the dependant should have been 'truly' a dependant and this, as per current visa rules, is being in the country on a dependant visa to the main applicant for at least 2 years

So you may ask why does cohabitation does not prove this. The answer to this is the fact that fraud cases of 2 strangers where one is dependant on the other but never live together. The cohabitation document proves this element of the requirement around living together as a couple and meeting conditions of the initial 'dependant' visa. However, the most important criteria to qualify as a dependant and be named in the main applicant's form is to be a 'true' dependant in the actual sense and that is only by being a dependant for at least 2 years under any visa issued to the main applicant.

You can of course, approach a solicitor and try to see if you can apply because its a very grey area. I havent seen any clear wording explaining the term 'dependant' but pretty sure it must be there hidden somewhere. I hope another member in a similar situation can help you out

All the best
KP

[Abhi1979]

Thanks 'Kenfrapin' for your interest and insights.

One of the consultants says they have dealt with a similar cases post April 2011 and it was not a problem at all.....but how do I verify it?

The other one referred to immigration rule 319E - Requirements for indefinite leave to remain, wherein it mentioned a 2years period as below -

"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"

It does not say about 2 years as dependent/ visa category - it just mentions living together/marriage/civil partnership.

One of them advised, sometimes they (home office on phone) don't know their own rules and suggested ringing them again and see if they come up with a different answer next time.

[geriatrix]

The 2 year residential requirement for (spouse / partner) dependant of a PBS migrant can include period of stay in UK in any immigration category.

UKBA's advice was wrong, as is also kenfrapin's interpretation of the immigration rule in question.

[Abhi1979]

Sushdmehta,

Thanks a lot for the POSITIVE response - something I heard in a long time.

Could you please share any successful case in this regard?

I checked with home office again and they parroted the same response.

It'd be really helpful if someone with a similar situation could share their version.

Thanks a lot.

[kenfrapin]

Thanks for correcting me sushdmehta - it makes it a lot better for those applying.

I had a friend whose wife was in the UK for a few years before they got married but changed her visa post marriage becoming his dependant. Unfortunately for him, they did not entertain his application as dependant did not complete 2 years on the dependant visa. When I say 'they', I only refer to him calling the HO a number of times and emailing them.

Given financial constraints, he decided to wait as was not worth the risk of losing the application fees nor did he consult a solicitor and applied after approx a year

KP

[geriatrix]

All I can say is UKBA is known for the incompetency of their staff when it comes to understanding and interpreting immigration rules.

Abhi1979, though user "eager2learn" has not posted his experience on the forum in detail but I am aware that his spouse was granted settlement at the same time as him (spouse immigration history: initial entry as dependant in 2007, changed to WP the same year, changed to dependant again about 15 days before settlement application in 2011 - granted settlement). I am sure you'll find many other successful cases posted in the forum - if you can make the effort to search for them.

[Abhi1979]

hi,

Just an update, as I got my ILR without any hassle (got it done through an agent though)....less than 2 yrs stay as 'Dependent' is not an issue if one has been in the UK for more than 2 yrs in different visa categories (& if the proof of co-habitation can be produced for more than 2 yrs)

I just hope UKBA trains their staff to let the public have correct information.

Thanks guys for all your help, good work.

[mk357]

hi,

Just an update, as I got my ILR without any hassle (got it done through an agent though)....less than 2 yrs stay as 'Dependent' is not an issue if one has been in the UK for more than 2 yrs in different visa categories (& if the proof of co-habitation can be produced for more than 2 yrs)

I just hope UKBA trains their staff to let the public have correct information.

Thanks guys for all your help, good work.

Congratulations. What about your spouse has she got the ILR as well or is she still completing the required period?

[Abhi1979]

hi Mk357,

my wife was the main applicant and I was her dependant; we both got our ILRs.

[rajesh_kumar01]

hi,

Just an update, as I got my ILR without any hassle (got it done through an agent though)....less than 2 yrs stay as 'Dependent' is not an issue if one has been in the UK for more than 2 yrs in different visa categories (& if the proof of co-habitation can be produced for more than 2 yrs)

I just hope UKBA trains their staff to let the public have correct information.

Thanks guys for all your help, good work.

Abhi , congrats ..

you got because your wife was covered under HSMP Jr .... Under that category 2 years cohabitation is not mandatory .

[riojamel]

please some 1 help
me and my wife applying ilr next week,i m 5 years work permit 2006 which considered as an old work permit rules,my wife joined me in august 2010 and sushmedeta advised me my wife can apply with me and 2 years rule doesnt apply on ur wife coz i m on old work permit
sorry for asking this again
please some 1 reply