ILR rejected as a dependent

nalinee_c1 · Post by **nalinee_c1** » Fri Jan 06, 2012 2:16 pm

Hi There

My husband and I went to Croydon office to apply for our ILR. My husband was on Tier 1 and qualified for ILR. He includes myself in the application, stating myself as his dependent.

However, the Home office rejected my application, stating the reason is because I hold a Tier 1 (General Migrant), hence not qualified to be considered as Dependent. My husband was granted his ILR with no issue.

Could anyone please guide me where on UK home office stated this? I was very disappointed.

Regards,

Post by **vinny** » Fri Jan 06, 2012 2:29 pm

319E(c).

2012 · Post by **2012** » Fri Jan 06, 2012 2:37 pm

nalinee_c1 wrote:Hi There

My husband and I went to Croydon office to apply for our ILR. My husband was on Tier 1 and qualified for ILR. He includes myself in the application, stating myself as his dependent.

However, the Home office rejected my application, stating the reason is because I hold a Tier 1 (General Migrant), hence not qualified to be considered as Dependent. My husband was granted his ILR with no issue.

Could anyone please guide me where on UK home office stated this? I was very disappointed.

Regards,

1. No mistake was made in this case and HO refused your application as u did not meet the requirements as suggested above.
2. U shud have at least checked the requirements for the dependent visa before going for the appointment.
3. U are here as a Tier 1 migrant and not as a dependent of a Tier 1 migrant.

nalinee_c1 · Post by **nalinee_c1** » Fri Jan 06, 2012 3:03 pm

Thank you all for your help.

Could I please ask 1 more question. If I apply FLR(M) under my husband now, do I still have to wait for 2 years before I can apply for ILR?

Post by **Greenie** » Fri Jan 06, 2012 3:11 pm

it's in the rules, on the website, and in the policy guidance.

See for example 319E (c)

Post by **Greenie** » Fri Jan 06, 2012 3:12 pm

Sorry - had a problem posting due to internet outage - didn't realise others had replied in the meantime.

Post by **Greenie** » Fri Jan 06, 2012 3:33 pm

nalinee_c1 wrote:Thank you all for your help.

Could I please ask 1 more question. If I apply FLR(M) under my husband now, do I still have to wait for 2 years before I can apply for ILR?

yes.

kakabrian · Post by **kakabrian** » Tue Jan 10, 2012 3:43 pm

A similar situation here. Apart from my own tier one general, I also have an old WP dependent visa co-exsited. Both valid until Feb. 2012 ..Question : With 2 years' cohabitation document, can my wife include me in her ILR SET(O) application? Thanks

Post by **Greenie** » Tue Jan 10, 2012 3:46 pm

kakabrian wrote:A similar situation here. Apart from my own tier one general, I also have an old WP dependent visa co-exsited. Both valid until Feb. 2012 ..Question : With 2 years' cohabitation document, can my wife include me in her ILR SET(O) application? Thanks

it's not possible to have leave co-existing. When did you apply for the Tier 1 G visa, and when did you apply for the WP dependent? Where did you apply for them?

kakabrian · Post by **kakabrian** » Tue Jan 10, 2012 4:35 pm

I got WP dependent in Feb. 2007 that valid until 23 Feb. 2012. 1st entered UK 3 March 2007, since then we have lived in the UK for 5 years

Re-applied T-1 General out of country in Feb. 2009 (when my wife job was at risk) that valid for three years until 17 Feb. 2012.

Both visa stickers are in my passport.

1. Did my T-1 G automatically cancel WP dependent?
2. Can my wife include me in her WP SET(O) application in Feb 2012? Thanks

Somudro · Post by **Somudro** » Tue Jan 10, 2012 4:43 pm

1. Did my T-1 G automatically cancel WP dependent?

-- Supposed to be Supersided.

kakabrian · Post by **kakabrian** » Tue Jan 10, 2012 5:46 pm

Tks for your quick response Somudro

Assuming my dependent leave was superceded by T1-G leave. Does it mean, with 2 year's cohabitation and LIUK cert, I can still be included in my wife's WP SET(O) application based on rule 319 E (c)?

319 E (c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

any advice or comment is much appreciated.

Post by **vinny** » Tue Jan 10, 2012 9:59 pm

You would not qualify as you do not have, nor have been last granted, leave as the partner of the relevant Point Based System Migrant...

kakabrian · Post by **kakabrian** » Tue Jan 10, 2012 11:22 pm

Thanks moderator. Sorry one more question...

As my wife will be applying as a pre PBS WP holder under SET(O) , it seems 319 E (c) for PBS applicant is not applicable.

One sticky note for FAQs ILR mentioned that the dependent of pre-PBS WP holder and HSMP migrants all dependants qualify for ILR along with main applicant irrespective of length of stay in UK ..one of the requirements in 196(E)for spouse that I can find is --

196(E) applicant (v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.

I was admitted a valid WP dependent leave in 2007. which is still a fact. would this overturn my situation? Fingers crossed awaiting your comment.

Many Thanks

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ILR rejected as a dependent

ILR rejected as a dependent

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