ILR - Rejected, Friend of Mine - Please help

[vinaya]

Hi

A freind of mine has already got his ILR and went today to apply for ILR for his wife at Solihull.

His wife was on a dependent visa for the last 2 years and they were told they she should have been on spouse visa, so does not qualify for ILR. Her dependent visa was applied in India after they got married.

I am not sure what the difference betweena dependent visa and spouse dependent visa.

Any help?

Thanks

[ukmigrant2011]

Hi

A freind of mine has already got his ILR and went today to apply for ILR for his wife at Solihull.

His wife was on a dependent visa for the last 2 years and they were told they she should have been on spouse visa, so does not qualify for ILR. Her dependent visa was applied in India after they got married.

I am not sure what the difference betweena dependent visa and spouse dependent visa.

Any help?

Thanks

Hi, I do not know the exact difference . I applied for my wife when we did our ILR. I was on Tier 1 and my wife's VISA that time says, Tier 1 (Dependant) Partner. She got ILR with that VISA.

cheers

[sunil.suneel]

After her husband is granted ILR, the wife has to move the visa status to FLR(M) and only this can be applied to ILR using SET(O).

[Lucapooka]

If her current dependant leave has not expired she should apply for leave to remain using FLR(M). When this is granted she may then apply for settlement using SET(M) assuming she has been in the UK for 2 years and has been married for 2 years. If not she will have to apply on FLR(M) then wait until both of those requirements have been met before applying for settlement.

[sunil.suneel]

Hi

A freind of mine has already got his ILR and went today to apply for ILR for his wife at Solihull.

His wife was on a dependent visa for the last 2 years and they were told they she should have been on spouse visa, so does not qualify for ILR. Her dependent visa was applied in India after they got married.

I am not sure what the difference betweena dependent visa and spouse dependent visa.

Any help?

Thanks

Hi, I do not know the exact difference . I applied for my wife when we did our ILR. I was on Tier 1 and my wife's VISA that time says, Tier 1 (Dependant) Partner. She got ILR with that VISA.

cheers

Its fine if the wife was on Tier1 Dependent if applying at the same time as that of the main applicant, but if applying after the husband gets ILR, then it is a must to move to FLR(M) before apply for ILR.

[vinaya]

Understood. Thanks Sunil

[imranb]

Understood. Thanks Sunil

The inconsistency in applying rules is staggering. See this case....http://www.immigrationboards.com/viewto ... hik+roshan
Solihull PEO did exactly opposite to what they have done in this particular case.

[vinaya]

do not beleive this!..Interestingly my friend and his wife went to Solihull

[vinny]

What was your friend's category prior to ILR?

[Greenie]

Understood. Thanks Sunil

The inconsistency in applying rules is staggering. See this case....http://www.immigrationboards.com/viewto ... hik+roshan
Solihull PEO did exactly opposite to what they have done in this particular case.

where is the inconsistency? The op's wife in the post you refer to didn't apply for ilr as she hadn't completed the two years

The op in this post has completed two years but as her husband already had ilr she could not apply for ilr without switching to leave as the spouse of a settled person on form FLRM.

[vinaya]

When my friend for ILR he was on Tier1 and his wife was his dependant.

[vinny]

Then, as already stated, FLR(M) is required before travel or current leave expires or curtailed.

[vinaya]

Thanks Vinny