How will the time be counted in this case for ILR?

[captain74]

Hi

My wife obtained a work permit and a five year reseidence permit in October 2004. I was in the country as student at that time and changed status to being her dependent.

Now I am on an HSMP and owing to the location of my job it is difficult for my wife to ontinue with her job. Consequently I am thinking of making her switch from WP holder to being my (HSMP) dependent so that she can change employment freely.

The question is - if she switches to being my dependent, will she lose the time accumulated for ILR and have to start all over again?

Thanks

[RobinLondon]

If you're wife switches to being your dependent, sadly yes, she will lose the two years that's she's accumulated on WP. She can still use them for the 10 year concession, but that's not particularly useful, is it? On the basis of your own HSMP history, you'll have likely ILR already. Perhaps even UK citizenship.

Can she switch into HSMP herself? If she can, then she won't lose the two years. Is that possible?

[captain74]

Thank you Robin

There sure is some confusion in these things. When I switched into HSMP, I was asked to leave the country and come back with leave to entre. I was a WP dependent so assumed I would be subject to the same conditions as the WP holder i.e. switching into HSMP would be permitted in-country, but that was not the view taken by Home Office.

Do you think my time as WP holder dependent would be counted towards my ILR application?

[RobinLondon]

I think you've answered your own question.

You need to realise that the HO takes a very conservative view of this thing. There are certain paths leading to settlement. Some take two years (marriage). Some take five years (employment). Some take ten years (all legal stays). And some take fourteen years (pic-and-mix, legal and not).

A WP holder is NOT the same thing as a WP dependent, as you found out. So in regards to your own case, your time as a WP dependent will not count towards the five-years for employment-based settlement. You need to accrue five years as a WP/HSMP holder yourself.

For the benefit of JAJ, all legal stays (student, WP/HSMP holder or WP/HSMP dependent) will count towards the ten-years concession!

For the benefit of John, don't forget to take your Life in the UK exam in good time before you apply for naturalisation.

[ppron747]

.....For the benefit of JAJ, all legal stays (student, WP/HSMP holder or WP/HSMP dependent) will count towards the ten-years concession!

For the benefit of John, don't forget to take your Life in the UK exam in good time before you apply for naturalisation.

But you haven't put anything for the benefit of ppron747!

[RobinLondon]

Alright here goes...

(for the benefit of ppron747)

You wanna naturalise as a British Overseas Citizen? Fuggedaboutit!

[RobinLondon]

Oh, what the heck...

(for the benefit of Dawie)

I'm disgusted with the lot of you.





(i'm kidding, i'm kidding!)

[rooi_ding]

for the benefit of RobinLondon

Thank God its Friday

[John]

For the benefit of JAJ, all legal stays (student, WP/HSMP holder or WP/HSMP dependent) will count towards the ten-years concession!

Would you agree that even time legally in the UK on a visitor's visa can count towards the 10 years? My understanding is that as long as the person is legally in the UK, the basis of that does not matter at all.

[RobinLondon]

As it's been explained to me, even visitor visa time counts towards the ten-year rule. As does working holidaymaking, SEGS, TWES, etc. When it comes to this concession, I think the HO is very liberal. Generous even?

See part 276A of the following link. There doesn't seem to be any exclusion of visitor stays. Perhaps this is a case of "whatever isn't forbidden is allowed"?

http://www.ind.homeoffice.gov.uk/lawand ... ules/part7

[captain74]

Anybody disagree with the discussion so far? Any other views or information you can share on the subject?

Thanks in anticipation!

[JAJ]

As it's been explained to me, even visitor visa time counts towards the ten-year rule. As does working holidaymaking, SEGS, TWES, etc. When it comes to this concession, I think the HO is very liberal. Generous even?

See part 276A of the following link. There doesn't seem to be any exclusion of visitor stays. Perhaps this is a case of "whatever isn't forbidden is allowed"?

http://www.ind.homeoffice.gov.uk/lawand ... ules/part7

Can time as an EEA/Swiss citizen, or dependent family member of such a person, also count to the 10 year rule?

[John]

Can time as an EEA/Swiss citizen, or dependent family member of such a person, also count to the 10 year rule?

Surely such a person would qualify for Permanent Residence after 5 years, so why would a 10-year Long Residence application be relevant?

[RobinLondon]

Well, JAJ might be referring to the scenario in which someone does two years as a working holiday maker, five years as a student, one year on a work permit and then two years as a EEA dependent.

In this case, can the person apply for ILR after those two years as a dependent, or must s/he sit out all five years in the EEA dependent category?

I don't believe that this situation is addressed specifically in the UK-based immigration rules. However if being an EEA dependent is classified as a legal stay, which I believe it is, why should it not count under the ten-year rule? Well, that is unless the rules governing UK-based immigration categories specifically preclude it.

On a side note, it's funny how captain74's original question has descended into this more specific discussion. captain74, if you're still following this, I think it's safe to assume that apart from applying under the ten-year rule, you're going to have to say goodbye to any time spent as a WP-holder dependent.

[Saloman]

Hi,

Can a dependant apply on his own for ILR after completing 5 years of continues stay? The main applicant (my Dad) is completing 8 years in two categories and due to the new rule 0f 5 years, will have to apply for an extension for another year to comply with this new rule.

Plz advice if I can apply for ILR seperately.

Thank you.

Sal