ILR for dependent

[indran]

Hi,

Me and my dependent (i.e. wife and 2 year old son) are planning to apply for ILR using SET(0) form. Currently, I am holding Tier 1 (General) visa which will expire in Feb 2013. Both my dependent are with me now in the UK for last 8 months since April 2012 under dependent to PBS visa. My wife lived with me since Feb 2008 till Oct 2010 (2 years 8 months) before she went back to deliver our son. She had her own HSMP and Tier 1 (general) visa during this period. Therefore, there is a gap in between her presence in the UK since she was away between Oct 2010 till April 2012 (1.5 years).

I spoke to home office advisor (two of them) yesterday and both said that my wife and son cannot apply for ILR with me since they have not been living with me continuously for last 2 years under dependent visa. It seems the period where my wife and I lived together is not valid anymore since she left the UK and also she had her own visa by then. Could you please advice if this is true and where can I look for the rules/guidance regarding this clause.

Your advise will be very much appreciated to find the best way forward. Thank you.

[Damanisshallo]

Unfortunately, Yes they are right. you can find more help here

[indran]

Hi,

Thank you for your response. My wife's existing dependant visa is expiring in 13 feb 2013 and mine is expiring on 2 feb 2013. Does she need to apply for before her visa expire or wait till i get my ILR, then she can apply or apply at the same time but with different forms? It doesnt make sense for her to apply before I get my ILR since the HO will not know if I will be eligible to continue to live in the UK. Please correct me if I am wrong. I am thinking of apply all by post which might take a while to know the result which may delay my dependents application. Do you advise to apply by in person for my case? How long will they extend my dependents visa for if apply under PBS dependent. Her current dependent visa validity under PBS dependent follows mine. Thank you.

[Damanisshallo]

You have two options.
1. If you prefer posting then you can post for your ILR and mention the special delivery number on your dependants covering letter and clearly mention to link her application with yours. Please be aware that there is a waiting time of 6-8 months currently.

2. Apply in person and this would be the best option with the current backlogs and I personally suggest you to go for this as it is much worth than saving those extra £££'s. and I think your dependant visa would be for 27 months. However, she can go for ILR as soon as she passes the qualifying period.

She need to apply before her leave expires. Failing which she'd be treated as an overstayers and will have to apply for entry clearance from the home country.

[indran]

Hi,

Thank you for your response. Can me and my dependants apply in person on the same day. Do we need to book two separate appointments?

BTW, I am still confused why my wife cannot qualify for ILR now since she had lived with me for 2.5 years continuously before she left. Sushmetha stated the following in Q12 in http://www.immigrationboards.com/viewtopic.php?t=79378

This "2 year" stay in UK need not be as a "dependant" and can include "absences from UK".

This means my wife will be able to apply for ILR, same time as me. Reading through the forum suggests that my wife will qualify for ILR now but you and home office worker are saying that she wont qualify and need to extend her visa to meet the 2 year requirement. I hope that I am not missing something here.

Regards,

Indran

[Damanisshallo]

Can me and my dependants apply in person on the same day. Do we need to book two separate appointments?

There are always mixed reactions on this topic. Please refer to this topic and I think you can but please also bear in mind this is almost a year and half old story.

[indran]

Hi,

Thank you. My worry is under section 11A in form SET(0), evidence requirement item 7 states that "If you have a spouse or civil partner who is applying at the same, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse." It sound like my wife must have been lived together since I was last granted leave to remain which was 3 years ago when I got my visa extension (from HSMP to Tier 1(General) and not since I first got my HSMP 5 years ago. Please correct me if I am wrong.

[Damanisshallo]

Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you; or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.

If you are concerned that you don't have the appropriate documents, or just want piece of mind you can use the Settlement checking service

[ilrdep]

please check this may help
http://www.immigrationboards.com/viewto ... c&start=20
and this
http://www.immigrationboards.com/viewtopic.php?t=61437

please note they need proof with same address (joint/single).

you can try applying in person in Sollihull

[indran]

Thank you very much. That was very helpful. I am still not 100% sure to apply for ILR for my dependent or extend their visa first to be on the safe side. What is your opinion.

[indran]

Damanisshallo,

The settlement checking service is only for SET(M) applications. My case, I will be using SET(O) for me and dependent. Do you think I can still use this service? Thank you.

Regards,
Indran

[Damanisshallo]

You are right SCS is for SET(M). However, if you are aiming to apply for you wife along with you then provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters
or documents, addressed to yourself and your spouse.

If you do not have enough evidence covering this period you got to give an explanation to them.

As per the discussion in this forum. why not try your appointment at Solihull. Apparently the staff is more friendly than elsewhere.

[indran]

Damanisshallo,

I have got my appointment booked for all of us in Glasgow which is the only place with available slot. It is so difficult to get an appointment and now i cannot change my appointment if I dont want to include my dependent for ILR and I have to cancel my existing appointment and apply by post if i dont get an appointment. I am running out of time since my visa will expire in 2 feb 2013. So, I have no choice but to try my luck and apply for ILR with my dependents. If they get rejected, then they have to apply by post. I hope that we all can get through with our ILR at the same time.

[Damanisshallo]

Its better use Google chrome to use for booking. why? i dunno !I felt its better than Firefox for this purpose.

STEP 1 - Only for those who trying at midnight. Others can skip to STEP 2.
*********************************
Time: 11.55 - 11.58
open chrome and open three tabs. do the following steps on two tabs:
********************************************

1) Log in to UKBA booking page
2) Which service are you applying for?* Select the form you need [set (O) or m or FLR or whatever] from the drop down menu click next.

3) Are you applying using the premium service?* Select "Yes" for the premium service
4)How many dependents did you include on your application?* Select "1 or 2 or ..." from drop down for dependent and click next.

5) I am available from --leave it blank . Then it will show even if they have date for next day. but if you really need to add a date, you can try with any date.
6)I am available until -- Leave it blank. But if you really need to add a date try the date put a date after 44 days or 45 but not before 43 days. Try this link to Calculate days
http://www.timeanddate.com/date/dateadd.html
7) I am available on the following days of the week : All
I am available at the following time: Anytime
9) Select up to three convenient locations* pick three you want and *****DON'T CLICK NEXT******

Do the same on another tab or in another browser (could be better. because they may change it again) before 11.58. Open another tab and just go to UKBA website. this tab is just for the purpose of checking website availability. You don't have to log in . If you log in doesn't make any difference.
NOW wait ... don't do any thing till 12.00. When the clock chimes at 12.00, start refresh UKBA website.Yea , that's the third tab. I am pretty sure you will get a message saying website is temporarily unavailable. for some reason, they always down at 12.00.
Keep refreshing, and refreshing, and refreshing........12.02....keep refreshing.....wait! is that the website loading? If the answer is YES go to first OR second tab you made it ready from STEP 1 AND CLICK NEXT.
you are pressing NEXT button the moment after the website is up . So most probably you are going to see a lot of slots. Click anyone of them you need and CLICK NEXT. if you see next page asking for personal details then you are through..not fully though..

**************************
STEP 2
*************************
But Relax.....you have time for the next step.
In this page you are going to type main applicant's first name, Surname, Date Of Birth . Type the same if you have any dependent. and WAIT................and refresh the third Tab again to see whether the website is still up. If it is still up, Click next.

What happens if you click next straightway?
A) if you are really lucky will go through and the site will display a message that you have booked your appointment. i suggest this only to people with no dependent visa applicants. NO offence mate, you wont have enough time to type all these and click next and the website process it and get back to you with a slot allocation. But if you do, get a euro million straightaway, you might win it.
B) the website will down and whatever you type will lost. You cant go back with <<Back<< Button since October 1st. [may be you can. but it didn't work for me].


So we typed everything about applicants and waiting .Go to third tab we were checking website connection and refresh to see if there is connection. Wait until there is connection again . The moment you see the site loading, click next on first tab [one that you filled with your details] to book a slot. IF there is no connection. wait and keep refresh....it might take a minute or five but please wait until you get that site up.

If you see the site coming back up , go to first tab and click on next to get the slot. If there is some one already does the same, then one who click first gets the slot.
THEN GO TO second tab and click on next. IF you don't get first tab on time, you probably going to see some slots in second tab and do the process in STEP 2.

NB:
1) you most probably get first tab done. But now you know how many of you going to do the same trick after reading this . If you don't get any slot , please don't type any swearing words here...

2) Some time you will get a mail confirming your slot. but you cant see it in your account. In that case you better book another one or call UKBA to confirm booking. So once you get your slot, please log in to the website and confirm it is in your account. if you cant find your appointment in your account mail to : applyonlinee-support@homeoffice.gsi.gov.uk to confirm your appointment.

3) If you have a friend with second pc/Laptop just to refresh UKBA site, YOu dont have to change tabs all the time and it will help to get a slot faster...Just a sugestion!

4) I am just like you with not much knowledge about immigration but may be with a bit Web programming knowledge. So please don't ask me any immigration doubts. If you have any, please try:

Further Info...

[indran]

Damanisshallo,

Thank you. I tried this method last night but it didnt work. I will try again tonight. I have decided not to apply for ILR for my dependent at the same time as me as I spoke to 4 home office case workers and they all said that my wife will not qualify for ILR now. So it is obvious if she apply, her application will be turned down. She will extend her current visa under PBS dependent and wait till she really qualify for the 2 year co-habitation requirement before apply for ILR. Thank you very much for all your help so far.

[ilrdep]

Some times slots are available at morning 3AM tp 4AM and you can get single applicant slots some time around 10AM to 12.30PM also.
My advice is get a slot in Solihull be ready for both ILR and extension .
Try for ILR first if they reject you can request for extension in the same slot.
(As you are paying the fees after the case worker advice you will have better choice) .

[indran]

Ilrdep,

Thank you for your suggestion. I tried book appointment today and still no luck. How is the Glasgow office? Are they as friendly as Solihull? Can I just go with the Glasgow appointment and try my luck. Are you sure they wont take the fee and reject the application if not satisfied? DO you still think there is a chance for my wife to get ILR after 5 case workers consistently saying that she needs to extend her PBS dependent visa to qualify the 2 year continuous co-habitation requirement. Thank you.

[wpilr_nov12]

Indran, You might want to keep with you a copy of Immigration Rule 319e so that if any question arises, you will have the rules on your side and you can confidently show the same. Available at http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

[indran]

wpilr_nov12,

Thank you for your advise. My worry is that the rule 139e clearly states that the 2 year period must be continuous and under my dependent visa. So, I am affraid my wifes, ILR will be turned down if follow the rule. Below is the extract from the rule. Please correct me if I am wrong.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

[wpilr_nov12]

Your interpretation is slightly off. It means from the time she was last granted PBS dependent visa pre 9 jul12, she should continue to remain in PBS dependent status, and in her case the residency requirement is 2 years. The 'continuous' you refer to is for the requirement of not having changed visa category from PBS dep to something else.

[indran]

Wpilr_nov12,

Thank you again. Your intepretation was helpful. However my wife didnt complete 2 years as dependent yet. She only been my pbs dependent for last 8 months. Previously she had her own hsmp/tier 1 visa and we lived together for 3 years. Can this period qualify under the 2 year requirement.

BTW, the booking server down since midnight, time to sleep and will try early in the morning again.

[wpilr_nov12]

http://www.immigrationboards.com/viewtopic.php?t=103597

http://www.immigrationboards.com/viewtopic.php?t=68417

These are somewhat similar situations, where 319e is extensively discussed

[indran]

wpilr_nov12,

Thank you again. That was helpful. We have decided to go for ILR and keep PBS dependent form filled as back up. Do you think they will allow for my wife to apply for PBS dependent if they dont accept ILR for her on the same day or do I need to book a new apointment.

Also, I need more guidance on co-habitation evidence. We do not have much evidence showing both our names in letter sent to our previous address. We only have joint account bank statement but not for complete 2 years since we opened the joint account later, tenancy agreement in both our names, me and my wife have our own payslips sent to our address, our own bank statements and some other letters. Do you think this will be sufficient to prove our co-habitation? I am a bit worried that we do not have strong evidence under both our names for the full 2 year period. I am also planning to request our previous landlord for a letter stating that we lived together and doctors letter.

[karthikmsuk]

Del

[Damanisshallo]

You might want to keep with you a copy of Immigration Rule 139e

Sorry to interrupt but could you please edit your post and correct this to 319E only to stop future users from getting confused.