Please help us!!! Thanks.

cmc_686 · Post by **cmc_686** » Fri Nov 25, 2011 11:24 pm

Hi everyone,

Me and my wife applied for the ILR as T2 holder and dependent in April this year. I was granted with the ILR but my wife was refused because she didn't finish her two-year stay in the UK. I know it's stupid mistake. The refusal letter from HO said my wife can still stay in the UK with T2 dependent visa.......

Now she has finished nearly two years stay here now and we sent a letter to enquire about how to apply for the ILR under this situation. The immigaration officer said my wife has to switched to the SPOUSE VISA and then apply for the ILR.

The question is: can my wife apply for the ILR immediately after she gets the SPOUSE VISA cause she has finished two years stay in the UK with T2 DEPENDENT VISA? or does she have to wait for another two years to apply for the ILR.

Please can anyone give us any suggestions please?

Thanks very much.

BigSam · Post by **BigSam** » Fri Nov 25, 2011 11:41 pm

cmc_686 wrote: The question is: can my wife apply for the ILR immediately after she gets the SPOUSE VISA cause she has finished two years stay in the UK with T2 DEPENDENT VISA? or does she have to wait for another two years to apply for the ILR.

Hi cmc_686,

The two year period starts from when your wife gets her Leave to Remain as your spouse, please see below extract from the guidance notes:

One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That period runs from
- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
- the date on which you were first granted leave to remain in the UK in the relevant category

Hope this helps

Post by **geriatrix** » Sat Nov 26, 2011 12:13 am

BigSam wrote:The two year period starts from when your wife gets her Leave to Remain as your spouse, please see below extract from the guidance notes

Not the case if 287(a)(i)(d) applies.

cmc_686 · Post by **cmc_686** » Sat Nov 26, 2011 12:40 am

thanks for your kind replies, guys. I am still not quite clear which way to go cause it has been over half a year now since I got my ILR while my wife still uses her T2 dependent visa?

thanks.

Post by **geriatrix** » Sat Nov 26, 2011 12:43 am

Were you a Tier 2 (General) migrant before you were granted settlement? If not, what tyoe of Tier 2 leave did you have?

cmc_686 · Post by **cmc_686** » Sat Nov 26, 2011 12:51 am

sushdmehta wrote:Were you a Tier 2 (General) migrant before you were granted settlement? If not, what tyoe of Tier 2 leave did you have?

Hi, i am not quite sure. The company applied for the point-based t2 visa for me. Do you have any idea?

thanks...

cmc_686 · Post by **cmc_686** » Sat Nov 26, 2011 12:52 am

sushdmehta wrote:Were you a Tier 2 (General) migrant before you were granted settlement? If not, what tyoe of Tier 2 leave did you have?

i just checked and it should be t2 intra-company transfer.

THANKS..

Post by **geriatrix** » Sat Nov 26, 2011 1:01 am

287(a)(i)(d) applies.
So, the answer to the question:

can my wife apply for the ILR immediately after she gets the SPOUSE VISA cause she has finished two years stay in the UK with T2 DEPENDENT VISA?

is yes.

Click on the links given.

cmc_686 · Post by **cmc_686** » Sat Nov 26, 2011 1:03 am

sushdmehta wrote:287(a)(i)(d) applies.
So, the answer to the question:
can my wife apply for the ILR immediately after she gets the SPOUSE VISA cause she has finished two years stay in the UK with T2 DEPENDENT VISA?
is yes.

Click on the links given.

Cheers, mate. much appreciated for your kind help.
Thanks.

Post by **geriatrix** » Sat Nov 26, 2011 3:39 pm

cmc_686 wrote:Hi everyone,

Does anyone konw which english test is required for spouse visa? someone told me it's A1 while someone said it's ESOL. Do you guys have a clue?

Thanks in advance.

Post by **geriatrix** » Sat Nov 26, 2011 3:39 pm

New English language testing for partners

cmc_686 · Post by **cmc_686** » Sat Nov 26, 2011 5:34 pm

sushdmehta wrote:New English language testing for partners

thanks very much, but what is it? I mean the specific name for it like ESOL, A1 or whatever?

Post by **Greenie** » Sat Nov 26, 2011 8:06 pm

cmc_686 wrote:
sushdmehta wrote:New English language testing for partners
thanks very much, but what is it? I mean the specific name for it like ESOL, A1 or whatever?

there are a numerous different tests with different names click on the link that sushdmehta has provided you and on the further link on that topic which includes the current list of approved tests.

cmc_686 · Post by **cmc_686** » Mon Nov 28, 2011 6:35 am

sushdmehta wrote:287(a)(i)(d) applies.
So, the answer to the question:
can my wife apply for the ILR immediately after she gets the SPOUSE VISA cause she has finished two years stay in the UK with T2 DEPENDENT VISA?
is yes.

Click on the links given.

Hi mod,

when was the policy 287(a)(i)(d) introduced? was it there from the very beginning or introduced recently?

many thanks.....

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