ILR - Dependant

[viper_555]

Hello,

I'm currently on Tier1 (arrived UK in July 2006) and planning to apply for ILR this month. I got married in Jan 2011 and wife reached UK on Tier1 dependant in June 2011, valid till 2013 July.
Couple of queries:

1.I presume I cannot include wife in my PR application?
2. After I get my ILR this month, does she have to switch her visa again (to ILR dependant)? or she can wait till 2013 July and apply for ILR(she'll complete 2 years as dependant then)?

Please advise. Many thanks for your help.

[xyz123]

Hello,

I'm currently on Tier1 (arrived UK in July 2006) and planning to apply for ILR this month. I got married in Jan 2011 and wife reached UK on Tier1 dependant in June 2011, valid till 2013 July.
Couple of queries:

1.I presume I cannot include wife in my PR application?
2. After I get my ILR this month, does she have to switch her visa again (to ILR dependant)? or she can wait till 2013 July and apply for ILR(she'll complete 2 years as dependant then)?

Please advise. Many thanks for your help.

Are you covered by HSMP JR? What is ur previous UK visa history?

[viper_555]

2006- 2008: Work permit
2008-2011: Tier 1 General
2011- 2013: Tier 1 Extenion

Wife: Tier 1 dependant valid till 2013. Reached UK in June 2011.

Is it mandatory for her to switch to FLR(M) [ILR dependant] if I take ILR now? Doesnt make sense to spend another £1K when she just took her dependant visa!

Thanks for your advise.

[xyz123]

2006- 2008: Work permit
2008-2011: Tier 1 General
2011- 2013: Tier 1 Extenion

Wife: Tier 1 dependant valid till 2013. Reached UK in June 2011.

Is it mandatory for her to switch to FLR(M) [ILR dependant] if I take ILR now? Doesnt make sense to spend another £1K when she just took her dependant visa!

Thanks for your advise.

1- Your wife cant apply with you.
2- I believe she has to switch to FLR(M), especially if she wants to travel outside uk. Look at below. Technically your Tier 1 visa does not exist so she can not technically be dependant on you. It may be just another way to make money but those are the rules.

http://www.immigrationboards.com/viewto ... 703#497703

[viper_555]

I just rang UKBA enquiries and here's the response I got from them:

- My wife DOES NOT have to switch to ILR dependant as she already has a valid visa until 2013 (2 years) and by then she can apply for ILR.

I asked the UKBA officer to confirm and she confirmed with another officer by checking the rule book (not sure which book though!). I asked her whether I can get something in writing but she refused to. It's confusing, but I hope someone else has gone through this already?!

[Greenie]

I do not believe the advice you have been given on the phone is correct. A member of this forum has already recieved writtten advice from the UKBA on this matter, confirming that someone in your wife's position would need to switch on form FLR(M) after you have been granted ILR.

Please read this post

Once you have ILR, in order for your wife to apply for ILR herself, she would need to apply for ILR as the spouse of a settled person, under paragraph 287 a person can only apply for ILR as the spouse of a settled person if:

(a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or

__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

__(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or
__(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.

The relevent section that will apply to your wife is d), and you will see that an extension of stay under paras 281-286 (i.e. using FLR(M)) is required.

[genious]

i rang and they said the same thing. but its good to have something in writing.

I just rang UKBA enquiries and here's the response I got from them:

- My wife DOES NOT have to switch to ILR dependant as she already has a valid visa until 2013 (2 years) and by then she can apply for ILR.

[Greenie]

i rang and they said the same thing. but its good to have something in writing.

I just rang UKBA enquiries and here's the response I got from them:

- My wife DOES NOT have to switch to ILR dependant as she already has a valid visa until 2013 (2 years) and by then she can apply for ILR.

the people who you speak to on the phone at UKBA are not caseworkers and they do not have good knowledge of the law. the immigration rules as they stand do not allow a person with leave as a PBS dependent to apply for ILR as the spouse of a settled person unless they have switched under para 281-286. The dependent must either apply for ILR at the same time as the main migrant (if they have completed the two years) or apply for an extension of stay on form FLR(M).

Your wife could remain on the PBS dependent visa if you wished but risk a) being refused re-entry to the UK b) being refused ILR.

[viper_555]

Isnt ILR now a point based system anyways?! (rubbish Q may be!)
How soon she has to apply for FLR (M) after I get my ILR?

Assume my wife continues to be a PBS dependant, and I can file for my citizenship next year, what happens to her visa status? Should she change her visa again?

If the UKBA employees have advised us wrongly isnt there a strong case for us to pursue a legal challenge if they deny her entry or refuse ILR in the future?

Sorry for the barrage of questions. Thanks for your replies.

[vinny]

If the UKBA employees have advised us wrongly isnt there a strong case for us to pursue a legal challenge if they deny her entry or refuse ILR in the future?

Perhaps, if their advice was in writing.

[xyz123]

If the UKBA employees have advised us wrongly isnt there a strong case for us to pursue a legal challenge if they deny her entry or refuse ILR in the future?

good luck trying to prove that. why dont u email them and see what they give u in writing.

[viper_555]

I've written to them yesterday, awaiting reply. (UKBApublicenquiries@ukba.gsi.gov.uk) - hop this is the correct email?

Meanwhile could you please advise on below:

Isnt ILR now a point based system anyways?! (rubbish Q may be!)
How soon she has to apply for FLR (M) after I get my ILR?

Assume my wife continues to be a PBS dependant, and I can file for my citizenship next year, what happens to her visa status? Should she change her visa again?


Thanks again

[xyz123]

I've written to them yesterday, awaiting reply. (UKBApublicenquiries@ukba.gsi.gov.uk) - hop this is the correct email?

Meanwhile could you please advise on below:

Isnt ILR now a point based system anyways?! (rubbish Q may be!)
How soon she has to apply for FLR (M) after I get my ILR?

Assume my wife continues to be a PBS dependant, and I can file for my citizenship next year, what happens to her visa status? Should she change her visa again?


Thanks again

ILR is a point based system in the sense that Tier 1 holders need to meet points. Old style WP holders dont need to do anything. (thats my understanding anyway)

Re ur wife, once she switches to FLR(M), she can apply for ILR after spending total of 2 years with u (could be combination of PBS dependant and FLR(M) visa). After she gets ILr, she needs to spend one year minimum on ILR and total 5 years in the UK before she can apply for citizenship (look at page 5 of the pdf below)

http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf