ILR question

[jessica_halida]

Dear All,

I have a bit of enquiry to make. Here is my background.

Me :
Entered UK on student dependant Sept 2005,
June 2007 entered UK on HSMP (not under JR)
May 2008 switched to Tier 1.
Current leave will expire April 2013

Husband
Entered UK as student on Sept 2005.
June 2010 granted Tier-1 post study (2 year)
Current leave will expire June 2012
However, between sept 2010 until december 2011 my husband works overseas on non-UK payroll. We asked about his Tier1 validity and UK border agency told him it's ok. He make 4-5 trips to UK during that 16 month posting overseas all entry using his Tier-1 PSW, he even ask verbally to immigration officer because he does not want to breach the condition of his visa, and he was told it is fine, don't worry about it. Now he is transferred back to UK (since January 2012) and still working under his Tier-1 PSW.

We'd been married since 2003.

Son
My dependant since he was born in 2006.

Question.

1. I think I am eligible to file for ILR not earlier than May 2012 (28 days prior to my 5th year entering UK under HSMP+Tier1). Am I right?

2. I'll be using SET(O) to apply, and my son will be on SET(F). However, can my husband apply for ILR with me? I am concern because he had never been my dependant (therefore can he use SET(M)??)

3. Me and my husband need to take Life in UK test, is there any expiry date on the validity of the test? (I didn't find this anywhere, so is that mean the test have unlimited validity and therefore I can take it anytime I like before making my ILR application?).

Thank you.
Your advice is really appreciated.

Regards,
Jessica

[linkers]

jessica_halida, what date you entered UK after getting HSMP ?

1). If you entered within 90 days of getting HSMP, you can apply 28 days before the 5th anniversary of your visa stamp date (Home Office issued the revised guidance for calculating 5 years in mid 2010 and now people can use HSMP visa date for this purpose).

2). I think you can include your son in your SET(O) application. If your husband has his own visa and never been your dependant, he needs to get a spouse visa first and then apply for ILR.

3). There is no expiry date of LiUK test at the moment and you can take it anytime. I need it in May this year but I passed it Apr last year. Take it asap so there is one less thing to worry about.

[jessica_halida]

jessica_halida, what date you entered UK after getting HSMP ?

1). If you entered within 90 days of getting HSMP, you can apply 28 days before the 5th anniversary of your visa stamp date (Home Office issued the revised guidance for calculating 5 years in mid 2010 and now people can use HSMP visa date for this purpose).

2). I think you can include your son in your SET(O) application. If your husband has his own visa and never been your dependant, he needs to get a spouse visa first and then apply for ILR.

3). There is no expiry date of LiUK test at the moment and you can take it anytime. I need it in May this year but I passed it Apr last year. Take it asap so there is one less thing to worry about.

Hi there, thank you for your answer
I got my HSMP approval letter in January 2007 (while I was still under student dependant), and in May 2007 I return to switch from student dependant to HSMP. Return back in UK in June.
So I pressume I can start applying 28 days from the date I first entered UK in June?

As for my husband spouse visa, can I file all 3 together or he will have to wait my ILR to be approved and returned to me?

Once again thank you
Regards,
Jessica

[jessica_halida]

New update from me.
I am finally get my ILR and my son received his Brisith citizenship certificate. Now, only my husband who is still on Tier-2.
I wonder whether what kind of visa he can apply without switching outside the country? (my husband lived in UK with me since 2005, however never be my dependent, we always had our own visa). He was away for 18 months during his career in UK, which reset his Tier-2 clock. He returned to UK on February 2012.

Can he.
1. Apply for ILR since he is married to settled person with British son.
2. Apply for Spouse visa which later on leads into settlement.

Regards,
Jessica

[jessica_halida]

New update from me.
I am finally get my ILR and my son received his Brisith citizenship certificate. Now, only my husband who is still on Tier-2.
I wonder whether what kind of visa he can apply without switching outside the country? (my husband lived in UK with me since 2005, however never be my dependent, we always had our own visa). He was away for 18 months during his career in UK, which reset his Tier-2 clock. He returned to UK on February 2012.

Can he.
1. Apply for ILR since he is married to settled person with British son.
2. Apply for Spouse visa which later on leads into settlement.

Regards,
Jessica

Can anyone please help me?
Thanks.