Unmarried partner - ILR dependant

[beever]

Dear learned members,
I have a quick question in relation to the ILR application which we will be applying for in person at PEO Croydon this week. Currently my partner is on dependant visa on my Tier 2 since Dec 2008. I have completed 5 years working (3.5 yrs WP and 1.5yrs Tier 2).

One question which I hope you could help:

1) As my partner already has the Tier 2 dependant visa in his passport, do we need to prove again that my partner and I have been living together for 2 years in a relationship similar to marriage for the purposes of ILR? However the visa only runs from Dec 2008 therefore if we apply now, he hasn't done 2 years in the capacity of a dependant.

Many thanks for your help and time.

[vinny]

If she has proof of living with you in the UK, in a relationship similar to marriage or civil partnership, for a period of at least 2 years, then she should be able to apply for ILR with you (319E). KOL required.

See also FLR(M) for acceptable documents relating to unmarried partners, to prove co-habitation.

[beever]

Thanks Vinny that is very helpful!! We have all the documentations and will prepare as such for the ILR appointment.

Once again, thank you!

If she has proof of living with you in the UK, in a relationship similar to marriage or civil partnership, for a period of at least 2 years, then she should be able to apply for ILR with you (319E). KOL required.

See also FLR(M) for acceptable documents relating to unmarried partners, to prove co-habitation.

[beever]

Hi All,
Just thought i'd share my experience having just got back from Croydon. Thanks to Vinny who correctly pointed me to the immigration rules relating to the dependant. My stories as follows:
Appmt booked for 10.30 but we arrived at 8am and were told we are too early and to return by 9.45-10am. So we then went through airport security style checks and proceeded to wait outside as the queue was quite long and they didnt have space inside to keep those in wait.
Next at about 10.40 we got called to a counter where this lady checks our document and scribbles some sort of summary.
Proceeded to pay for the application (me and my dependant). Then straight after (about 5 mins) our number was called.
Were seen by quite a junior-looking UKBA staff (with a white shirt on but doesnt look like the usual uniform). He took our passports and application form. After flicking the passport back and forth he told us to wait. Went away for about 20mins, came back to say that our application was abit more "complicated" than others.

We are told to be refunded the fees because my dependant had his stamp as a Tier 2 dependant only in Dec 08 so didnt make up to 2 years and will not qualify as a dependant. He also said that is because Tier 2 visa for dependant is much stricter than other PBS category.

As he was writing the refund note (he advised to proceed to the counter and then refund the whole amount and re-pay fees for just my own application, my dependant would need to come back and apply for FLR to depend on a settled person).

I was pretty disappointed and angry but at the same time, I remembered the provisions that Vinny mentioned as i have read it several times before i went to Croydon.

So i politely asked if i could see the immigration provisions that state the dependant must have been on a dependant visa for the last 2 years prior to applying as a dependant for ILR. He then went away for another 25mins and came back with a much older gentleman. He was very nice and introduced himself and also mentioned that he is the snr caseworker there.

He said that they were confused with our application so we clarified again that we had all relevant backups that we are in a relationship similar to marriage and all the bills etc as proof up to 2005. So he then pointed out the same immigration rules as mentioned by vinny above and went through it one by one stating that we satisfied all the criterias and that he does not need to be a dependant for 2 years but if we are in a relationship similar to marriage and living together for 2 years it is sufficient.

And so we were granted ILR!!!! So conclusion is that you really have to be calm and polite and asked them to show you the immigration provisions to make sure that they have not carelessly made the wrong decisions. The initial guy that sent me away did not even flick through all the supporting documentations that we provided.

All in all, we came back 1.5hrs later, waited another 1 hr and got our stamps!!!

GOOD LUCK EVERYONE and many thanks to Vinny, God bless you.

[vinny]

Congratulations!

[tnd12]

Hi All

I am in a similar situation.

ILR in Jan 2013.
Wife in UK from 2008 but as WP (1 yr 3 Mnth) then Tier 1 Gen (3 years) till may 2012, Switched to Tier 1 dependent via entry clearance in May 2012.

Based on what was said earlier in this tread, I was going to apply for wife's ILR at the same time as mine citing 319E with proof of marriage and cohabitation.

Now there are new rules. I have read the new rules and understand that these do not affect us as these are not retrospective.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

However, I am not sure if this changes the situation for 2 years probationary period in our case. In other words does 319E still apply in our case where even though wife will be on dependent visa for 8 months when we apply for ILR, we are married and cohabiting since 2007.

Your response will be much appreciated.

Regards

[geriatrix]

Read Q0.

[tnd12]

Thanks a lot sushdmehta.

Your posts and comments are very helpful as usual.

This "2 year" period need not be as a "dependant" or "continuous", is the answer I was looking for.

Last clarification. Our child was born in the UK in 2009 and has been living with us since. He is currently my dependent as my wife. I am planning not to apply for his ILR along with us and instead apply to register for citizenship (MN1) once our ILR is approved. This is based on a comment by you in another thread........."immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status."


This still holds true even though my child traveled to India and then applied for EC along with my wife in May 2012?

Thanks once again for all your efforts to sustain this community.

[tnd12]

I think Q29 - Q32 answers my question. Specially Q31

It will be fine to skip is what I gather

Thanks for the FAQ list.

[indran]

Hi,

I have been discussing in another thread (http://www.immigrationboards.com/viewto ... highlight=) regarding the 2 year cohabitation requirement and I was directed to this thread.
My wife and son are in the UK now for last 8 months as PBS dependent and we are all planning to apply for ILR next month. My wife had lived with me for 3 years in the UK in the past with her own HSMP visa before she went back to deliver our first child. She was away for 1.5 years and got back to the UK 8 months ago with our son as my PBS dependent. During the 3 year period, we both had our own HSMP visas and we were living as unmarried partner until we got married somewhere in the middle. So for our case, we might have two issues; my wife not being dependent for the last 2 years and on continuous basis for the past 2 years. However, Sushmitha mentioned that the "2 year" period need not be as a "dependant" or "continuous".

I looked at the clause 319E part d but could not understand the requirement. I have copied the requirement below and it would be helpful if you let me know if this is the correct paragraphs that states the above. It would be useful to point out to caseworker in case if he/she says that my wife not meet the requirement. Thank you.

(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

What worries me is that, when I called the home office 3 days ago, two advisors told me that my wife and son will not qualify for ILR and they both need to apply for extension first to qualify for the 2 year requirement. Not sure why they are giving false advise.

I hope you can provide more specific guidance for my case. Thank you.

Regards.
indran

[vinny]

Unfortunately, the 'continuous leave' requirement was recently added!

[rshelar]

Interesting posts so far. Thanks.

I have a similar query -

I am applying for ILR very soon. I am currently on Tier 1 General and my wife on Tier 1 Dependent.

When I apply for ILR she would be

**1.5 years cohabitating at same address.Previous 0.5 year was distant relationship with time being together on weekends and holidays.
**1 year on Tier 1 Dependent
**2 years being married.

What is the best option -

Can we apply for ILR together
If I apply it without dependent what would she need to do - extend her stay and then apply for ILR in few months or extend for 2.5 years and again for 2.5 years and then apply after a total of 5 years ?

Please can someone advise.

Thx

[indran]

Thank you Vinny, it is now clear that my dependents cannot apply for ILR together with me now and they have to wait to qualify the 2 year period under new rules. Perhaps Sushmitha's Q&A (http://www.immigrationboards.com/viewtopic.php?t=79378) needs to be revised to reflect the new rules so that it does not mis-guide others.

So in that case my wife and son have to apply for extension first to qualify for the 2 year period. I am not sure how this is going to work since both our current visas expire around the same time (mine is on 2nd feb 2013 and hers is on 13 th feb 2013). Does she need to wait till i get my ILR approved before she can extend her current leave? What type of extension is best for her to apply, PBS dependent or FLR(M)? I guess she cant apply for PBS dependent after i get my ILR. Please advice on the way forward for my dependents. The fees and forms to use for dependent under PBS is not clear. Please let me know which form to use. Thank you.

[rshelar]

Anyone please ?

Interesting posts so far. Thanks.

I have a similar query -

I am applying for ILR very soon. I am currently on Tier 1 General and my wife on Tier 1 Dependent.

When I apply for ILR she would be

**1.5 years cohabitating at same address.Previous 0.5 year was distant relationship with time being together on weekends and holidays.
**1 year on Tier 1 Dependent
**2 years being married.

What is the best option -

Can we apply for ILR together
If I apply it without dependent what would she need to do - extend her stay and then apply for ILR in few months or extend for 2.5 years and again for 2.5 years and then apply after a total of 5 years ?

Please can someone advise.

Thx

[xpscapable]

When I apply for ILR she would be

**1.5 years cohabitating at same address.Previous 0.5 year was distant relationship with time being together on weekends and holidays.
**1 year on Tier 1 Dependent
**2 years being married.

What is the best option -

Can we apply for ILR together
If I apply it without dependent what would she need to do - extend her stay and then apply for ILR in few months or extend for 2.5 years and again for 2.5 years and then apply after a total of 5 years ?

I'm no expert on this, but it's apparent that you won't be able get your wife in your ILR dependent because you only live together for 1.5 years.

So best option perhaps to apply for FLR(M) once you have your ILR.

[rshelar]

Thanks.

If I extend her stay will that be using FLR M or SET (M) since i wont be on Tier 1 after acquiring settlemetn.

Also, will she be eligible for ILR after 5 years or 2 years ?

[indran]

Unfortunately, the 'continuous leave' requirement was recently added!

Vinny,

Could you please clarify when is the "continuous leave" has been added? Some cases with dependent discussed in this forum has managed to get away with ILR without meeting the continuous requirement as dependent. I wonders if this continuous requirement is recently being added in dec 2012. Thank you.

Regards,
Indran

[apocolypto]

Hi All,

I would really appreciate if some one could guide me in the right direction. I am on Tier 1 general at the moment and due to apply for ILR in March 2014. My wife was granted Tier 1 dependent visa in February 2012 but came to UK in April 2012. I know she qualified for ILR under two years rule. My question is will UKBA count these two years from February 2012 ( which was when she got the visa ) or April 2013 ( which was when she arrived in UK) ?

I also came across 90 days concession period in FAQs. I am all very confused. Can some one please let me know if we will be both be able to apply for ILR in March 2014 together?

Many Thanks

[fannofler]

April 2013 and the 90 day rules applies tomain applcant and not dep

Hi All,

I would really appreciate if some one could guide me in the right direction. I am on Tier 1 general at the moment and due to apply for ILR in March 2014. My wife was granted Tier 1 dependent visa in February 2012 but came to UK in April 2012. I know she qualified for ILR under two years rule. My question is will UKBA count these two years from February 2012 ( which was when she got the visa ) or April 2013 ( which was when she arrived in UK) ?

I also came across 90 days concession period in FAQs. I am all very confused. Can some one please let me know if we will be both be able to apply for ILR in March 2014 together?

Many Thanks

[apocolypto]

Thank you fannofler.

She arrived on 4th April and in March when both our stay expires, she will have been in UK for 1 year , 11 months and some days .. meaning a few days less than 2 years. Does that mean she cannot apply for ILR with me?

or you think if we apply in person and explain our situation to UKBA and they might accept it?

What would your expert advise?

Thanks,

April 2013 and the 90 day rules applies tomain applcant and not dep

Hi All,

I would really appreciate if some one could guide me in the right direction. I am on Tier 1 general at the moment and due to apply for ILR in March 2014. My wife was granted Tier 1 dependent visa in February 2012 but came to UK in April 2012. I know she qualified for ILR under two years rule. My question is will UKBA count these two years from February 2012 ( which was when she got the visa ) or April 2013 ( which was when she arrived in UK) ?

I also came across 90 days concession period in FAQs. I am all very confused. Can some one please let me know if we will be both be able to apply for ILR in March 2014 together?

Many Thanks

[vinny]

Normally, one may apply for ILR within 28 days prior to completing the qualifying period.

See also ILR Dependents (Less than 2 years in UK).