wife ilr query

mastiger82 · Post by **mastiger82** » Thu Aug 04, 2011 2:43 pm

hello everyone,

I have my ilr due in 2 months time, I have one question about my mrs.

I had my hsmp in sept2006 which is covered under JD review.

My mrs came in uk March 10 under tier 1 visa, Can I include into my ilr application.

If yes, Please give me a link so i can print out and take with me at PEO appointment.

sorry if this question has been asked before.

I called many times home office customer number and sometimes they say yes and sometimes NO.

Please help and thanks in advance.

Post by **vinny** » Fri Aug 05, 2011 3:27 am

See also ILR application - Dependant.

mastiger82 · Post by **mastiger82** » Fri Aug 05, 2011 11:30 am

many thanks for your reply.

Just the last question.

Is that JD policy will be enough document to show to case worker as my mrs does not need to say in uk for min 2 years?

thanks again

mastiger82 · Post by **mastiger82** » Sat Aug 13, 2011 5:22 pm

any update please.

what documents to show to cw that my wife does not need to be in uk 2 years apart from JD policy.

many thanks in advance.

fora · Post by **fora** » Sun Aug 14, 2011 7:42 pm

try this along with JR Document policy
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

fora · Post by **fora** » Sun Aug 14, 2011 7:44 pm

i forgot- page 98 to be exact

mastiger82 · Post by **mastiger82** » Sun Aug 14, 2011 11:43 pm

thanks.

Any more documents if you know please or any other member please.

mastiger82 · Post by **mastiger82** » Sun Aug 14, 2011 11:49 pm

HI Fora,

Just a quick question.

R u also applying ILR with your wife?

R u in the same boat?

when is your ilr due?

we need to gether all information in order to convince CW that JD review cases, wife does not need to complete 2 years. you know what I mean?
thanks

fora · Post by **fora** » Mon Aug 15, 2011 12:11 pm

My HSMP was stamped 3 Nov 2006(arrived 18 nov.2006)
extended - Tier(G) till 18 nov 2011
My husband joined me Oct. 2010 as Tier1 dependant .His visa is also till 18 nov 2011.Going apply in October at PEO
Print out as much docs and successful cases as possible(whatever u find from different sources)
write a covering letter -try to be very reasonable and persuasive i your letter.
(i have mentioned it in my post here already-"Dependant HSMP pre Nov 2006")
Could u please share ur experience if u go first? i will also write if i manage it first.

fora · Post by **fora** » Mon Aug 15, 2011 12:16 pm

this letter i wrote to HO ledy who was not correct ti her answer:
Dear xxx,
I tend to think that my husband falls under the rules which are stated in :"Indefinite Leave to Remain in closed categories" -valid from 11 August 2011.
I am not PBS migrant , My HSMP is a closed visa category. On the page 98 of the above document it is said that my spouse must be assessed under par. 196D of the immigration rules.
( but not under paragraph 319A-319K for the spouses of PBS Tier 1 migrants).

In this pagagraph( 196D) there is no 2 years cohabitation requirement for a spose.

Moreover this requirement ( 2 year cohabitation)was introduced recently . HSMP JR are not subject to any retrospective changes of the immigration rules ,Am I right?.

Could you please have a closer look at my case.
I will be very grateful for your response.
Thank you

mastiger82 · Post by **mastiger82** » Mon Aug 15, 2011 9:52 pm

Hi Fora,

Thanks for the information.

Just to inform you that I called Ali Bukhari Law Chambers and spoke to him. He did confirm that my wife does not need to be in uk for 2 years as my case is under HSMP JD review.

I think you are right.... It depends on CW and in my observation, it is also depends what you say and how you say to cw with your explanation.

Please keep in touch and help each others.

thanks again for your help.

riffel135 · Post by **riffel135** » Mon Aug 15, 2011 10:46 pm

Hi Fora and Mastiger82 - Are you applying under Set(o) HSMP JR post April 06, but pre November 06, currently on a Tier 1 visa?

Can you tell me which box you checked on Section 3? Section A or B? And why?

Please see my previous post:
http://www.immigrationboards.com/viewtopic.php?t=84327

Thank you for your help!

fora · Post by **fora** » Tue Aug 16, 2011 6:25 pm

I did not fill in the SET(O) application yet.
I tend to think : in sec.3 B -Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

fora · Post by **fora** » Tue Aug 16, 2011 6:46 pm

Concerning your wife i am not sure she will be eligible for ILR together with u.
I think she must either switch to your dependant visa before u apply for ILR or apply separately when her WP visa permits her ILR. Otherwise,according to your both visas and documents she is nobody to u.
But this is my view

fora · Post by **fora** » Tue Aug 16, 2011 6:58 pm

Dear Mastiger82,
I received a lot of telephone confirmations from UKBA that me and my husband do not need 2 years cohabitation,but when i wrote my quiery to HO i received negative response(see above).
That is why we need an official letter from somebody in UKBA confirming that we do not need to prove 2 years (to take this letter to PEO)
That's what i am trying to get somehow.

mastiger82 · Post by **mastiger82** » Tue Aug 16, 2011 7:53 pm

HI Fora,

I was thinking to write letter to HOme Office, However I feel that If I write to them and they reply me with negetive answer, and they might put this on the system which could stop or refuse my wife ILR when I apply in due course.

I might take risk applyking together and try to convince with the JD review policy and the immigration rule 196E.

With regards to telephone customer serivce people, sometimes they do not know what they are talking about....

what do you suggest?

riffel135 · Post by **riffel135** » Tue Aug 16, 2011 9:23 pm

Hi Fora - thanks for your answers. I've heard this from two people on the forum now, that she cannot apply as a dependent if she's not already a dependent on my Tier 1 visa. If I hadn't asked here I would have no clue that was a prerequisite, do you know where i could find an explanation for this? Thank you again.

fora · Post by **fora** » Wed Aug 17, 2011 2:20 pm

Dear Mastiger82.
I managed to get this letter today
Dear xxx,

Thank you for your reply.

Please accept my sincere apologies for the initial misinterpretation of your enquiry.

Please be advised that with regards to the HSMP dependant, under the terms of the HSMP Forum Ltd High Court judgment, although they are technically a PBS dependant this has only occurred because the main applicant was pushed into this type of leave as the result of the 2006 Rules changes. As such they should be treated as a HSMP dependant and and will be eligible to apply for Indefinite Leave to Remain in line with the main applicant rather than being required to complete two years first as is required under the Tier 1 (General) of the Point Based System.

I hope that this information will be of assistance to you.

Yours sincerely ,

Amrit Haria
Immigration Group
UK Border Agency

Mandeepsandhu · Post by **Mandeepsandhu** » Wed Aug 17, 2011 8:29 pm

Dear Fora,
Can you please provide me the email address where you sent this email to get the confirmation as I am in the same boat as yours.

Thanks

fora wrote:Dear Mastiger82.
I managed to get this letter today
Dear xxx,

Thank you for your reply.

Please accept my sincere apologies for the initial misinterpretation of your enquiry.

Please be advised that with regards to the HSMP dependant, under the terms of the HSMP Forum Ltd High Court judgment, although they are technically a PBS dependant this has only occurred because the main applicant was pushed into this type of leave as the result of the 2006 Rules changes. As such they should be treated as a HSMP dependant and and will be eligible to apply for Indefinite Leave to Remain in line with the main applicant rather than being required to complete two years first as is required under the Tier 1 (General) of the Point Based System.

I hope that this information will be of assistance to you.

Yours sincerely ,

Amrit Haria
Immigration Group
UK Border Agency

Immigrationboards.com: Immigration, work visa and work permit discussion board

wife ilr query

wife ilr query