ILR for me and my dependent

[viglant]

Hi,

Issue 1

I came to UK in FEB 2004 on a student visa. After completing my studies I got SEGS (science and engineering graduate scheme) visa in April 2006. I got a job and my current employer arranged a WP for me. I got LTR from 21 Nov 2006 to 21 Nov 2011.

In 2007 my current employer advertised an internal job in the same department and applied for the job which and I started working on the new post from 18 Sept 2007. However, UKBA did an audit during April 2008 and informed my employer that they should put a fresh WP application for me since my position in changed. So a fresh WP was submitted which got approved and I got new LTR from 14 July 2008 to 14 July 2013.

My query is am I eligible to apply for my ILR on the basis of my first LTR which is from 21 Nov 2006. If yes this means I can apply on 24th Oct, which will be exactly 4 years and 11 months.


Issue 2

My wife joined me in the UK on 13 June 2011. She initially applied to join me in the UK in Feb 2009, however her application was refused. We appealed against and it was approved. It took more than a year. As far I am aware a dependent should be in the UK for at least 2 years before he/she can apply fro ILR.

Can I argue on the grounds that my wife's original application was refused without any grounds and that she should be granted ILR with me.

If no, then I believe she needs to apply separately using SET(F) form.

Can she apply at the same time with me?

If applying using SET(F), is she required to pass Life in the UK test as well.


Waiting for your responses.

Thanks

[geriatrix]

I got a job and my current employer arranged a WP for me. I got LTR from 21 Nov 2006 to 21 Nov 2011.

My query is am I eligible to apply for my ILR on the basis of my first LTR which is from 21 Nov 2006.

Yes.

As far I am aware a dependent should be in the UK for at least 2 years before he/she can apply fro ILR.

There is no such requirement for dependent of WP holder. Include her in your settlement application.

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders