Pls. Suggest a good solicitor

[jcisco]

Hi,

I am currently on Tier 1 visa. Due to apply for ILR in Feb 2012. I am covered under HSMP JR but my wife hasn't finished two years in the UK yet.

From other posts I can see that my wife can also apply for ILR with me. Can someone pls suggest a good solicitor from their experience. Please PM me.

[mbamis99]

Hi,

Thanks for the above post. I am on the same boat (ILR based on HSMP JV + my wife is less than 2 year in the UK).

Firstly, please anyone confirm if 2 years spouse's cohabitation is exempt for HSMP JR applicants? I am not too sure, some say yes, some say no. Even my email enquiry from UKBA resulted in a "no" answer, but telephone enquiry with UKBA said "yes spouse is exempt regardless of the time when spouse came on board i.e. either when the main applicant was on initial HSMP or on Tier 1 extension". I am really perplexed what to do.

I am talking to 2 lawyers at present one says yes, other says no. I just don’t want to make the things complex at PEO in front of caseworker, which may put my own ILR at risk etc.
Please someone help us with some examples of previous cases. Would really appreciate a positive input. Thanks,

[Obie]

Under paragraph 287 of the Immigration rules, she will not qualify unless she has spent a period of 2 year in the UK as a spouse of a Tier 2 migrant or as an unmarried partner and spouse of a tier 1 migrant.
It is difficult to see how a spouse will qualify if they dont meet the requirement of paragraph 287 of the Immigration rules.

If your require a solicitor, PM your location in the UK and i will provide a list of competent advisers in your area.

[jcisco]

It is difficult to see how a spouse will qualify if they dont meet the requirement of paragraph 287 of the Immigration rules.

Check this link. Dependant of Tier 1 migrant covered under HSMP JR does not have to meet two years requirement.

http://www.ukba.homeoffice.gov.uk/visas ... er-remain/#

[mbamis99]

Thanks Obie for your reply.

Do you know when 2 year cohabitation was introduced? I am sure it was after 07 November 2006, and therefore its a retrospective change to immigration rules, which as per HSMP JR, should not be applicable to those who came onboard HSMP before 07 November 2006.

Concept of retrospective changes is applicable to both the main applicants and their dependants.

My two lawyers have got email replies from Fast Track Caseworkers have referred this query to the policy section, so they themselves are not clear about it. Now I wait what comes out.
If it comes out unfavourably its just a matter of incorrect interpretation of HSMP JR.

Is anyone know of any similar case, where ILR was granted despite less than 2 years presence in the uk?

Thanks,

[Obie]

Yes you are perfectly right that it was ammendment HC321 that brought about the 2 years requirement in 319E of the immigration rules. and also the HSMP JR guidance states that dependant also qualify.

The question now is, did you have a spouse at the time of initial application? and was there an expectation on your part that she will be granted ILR with you?

I accept that if your spouse was with you before the changes came into effect, then surely they should be covered, there is an expectation on your part that she would be granted ILR. But she never existed during that time, so you could not have held such expectation when you came to the UK.

However, it is could be argued that you held a long term expectation, that when you get married your spouse will be granted ILR at the same time as you. Whether that argument is strong enough remains to be seen.

I accept there may be a case, but it is not clear cut.

I wish you all the best, and also those who may have qualified in the past.