ILR for dependent

wpilr_nov12 · Post by **wpilr_nov12** » Sat Dec 29, 2012 11:23 pm

Damanisshallo wrote:
wpilr_nov12 wrote: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.

Done. And thanks for pointing that out. A little bit of ATD is not a bad thing.

xpscapable · Post by **xpscapable** » Sun Dec 30, 2012 10:11 am

wpilr_nov12 wrote: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.

I'm a bit confused now with this statement. How about my case then,

My wife has been living with me since 2010 - but she only became Tier 1 (G) dependent since September 2011.

Does that mean she has been "continuous" for 2 years as my partner/spouse?

Thanks

indran · Post by **indran** » Tue Jan 01, 2013 9:30 pm

It is not very clear in the rules depending how you interprete it. I have written to HM and requested their response on this in writing. See what they come up with. I hope they will respond in time before my application.

indran · Post by **indran** » Mon Jan 14, 2013 10:29 pm

Hi,

I wrote to HO querying about my wife's ILR eligibility just to get their response in writing and I've just received a letter from HO saying that she will not be eligible for ILR now since she has not been in my dependent visa for last 2 years. She previously had her own HSMP and Tier 1 (general) visa before switching to my dependent 8 months ago. HO stated the following " After switching into this category any time spent as HSMP visa holder cannot be combined to reach two years. She can submit a PBS (Dependent) application form with you to complete two years in the UK".

So i guess, she may end up extending her dependent visa for now but we will try our luck to see if she can get ILR. I am afraid they will reject my wife's application after collecting the fee.

What is your opinion about this? Please advice.

Regards,
Indran

indran · Post by **indran** » Wed Jan 23, 2013 10:17 pm

Hi guys,

Me and my dependants' application for ILR was successful today through PEO application in Croydon. Everything went very well and no questions or were asked about my dependants not having continuous cohabitation for the last 2 years. The case worker was friendly and looks experienced. She took about 3-4 hours to review my case, maybe because it includes her lunch time break. She didnt ask any additional documents and only took a few documents for proof of cohabitation from a stack of documents that i brought with me.

I would like to thank everyone in this forum for guiding me into the right direction to get our ILR approved which saved us a lot of money, effort, time and worries. Without all your advice, I would have applied PBS extension for my dependants.

If you have any questions, please ask me and I will try my best to answer based on my experience.

P/S: Now the ILR is only valid for 10 years for adults and 5 years for child. It used to be unlimited stay, but now it seems that we need to renew when every 5 or 10 years.

Regards,
Indran

Post by **Damanisshallo** » Wed Jan 23, 2013 10:28 pm

indran wrote:P/S: Now the ILR is only valid for 10 years for adults and 5 years for child. It used to be unlimited stay, but now it seems that we need to renew when every 5 or 10 years.

It's not the ILR that's valid for 10/5 yrs, it's the BRP which needs to be renewed for an amount of £30-£40. Similar to driving license card. Only to update your picture and any details which might have changed in due course.

-HTH

Post by **ban.s** » Thu Jan 24, 2013 12:00 am

indran wrote:Hi guys,

Me and my dependants' application for ILR was successful today through PEO application in Croydon.

Congrats! so indeed you received incorrect advice on all 7 occasions plus in writing!

psTier1 · Post by **psTier1** » Thu Jan 24, 2013 12:48 am

indran wrote:Hi guys,

Me and my dependants' application for ILR was successful today through PEO application in Croydon. Everything went very well and no questions or were asked about my dependants not having continuous cohabitation for the last 2 years. The case worker was friendly and looks experienced. She took about 3-4 hours to review my case, maybe because it includes her lunch time break. She didnt ask any additional documents and only took a few documents for proof of cohabitation from a stack of documents that i brought with me.

I would like to thank everyone in this forum for guiding me into the right direction to get our ILR approved which saved us a lot of money, effort, time and worries. Without all your advice, I would have applied PBS extension for my dependants.

If you have any questions, please ask me and I will try my best to answer based on my experience.

P/S: Now the ILR is only valid for 10 years for adults and 5 years for child. It used to be unlimited stay, but now it seems that we need to renew when every 5 or 10 years.

Regards,
Indran

Congrats ... Did they ask you any specific questions or documents?

indran · Post by **indran** » Thu Jan 24, 2013 7:35 pm

ban.s,

Yes indeed. Cannot really trust UKBA's advice. Good thing you guys pointed me into the right direction. Thank you very much.

Damanisshallo,

Thank you for the clarification.

psTier1,

No she didnt ask any questions except for some of the cohabitation documents instead of a whole bunch of documents that I wanted to give her. At first I was worried when she asked for cohabitation documents for dependent for last 2 years only. Wondering if she got same idea that dependent has to be living continuously for last two years. But I gave her the cohabitation document for the 2 years in the past but not the latest 2 years.

Please follow discussion at the following link where the others are in the similar situation as me and in the process of applying ILR soon:
http://www.immigrationboards.com/viewto ... 0&start=40

Regards,
Indran

psTier1 · Post by **psTier1** » Thu Jan 24, 2013 9:09 pm

Thanks Indran ....

xpscapable · Post by **xpscapable** » Sun Jan 27, 2013 8:43 pm

ban.s wrote: Congrats! so indeed you received incorrect advice on all 7 occasions plus in writing!

Typical UKBA "helpline" don't trust them, go here in the forum instead.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Jan 27, 2013 9:14 pm

Damanisshallo wrote:
indran wrote:P/S: Now the ILR is only valid for 10 years for adults and 5 years for child. It used to be unlimited stay, but now it seems that we need to renew when every 5 or 10 years.
It's not the ILR that's valid for 10/5 yrs, it's the BRP which needs to be renewed for an amount of £30-£40. Similar to driving license card. Only to update your picture and any details which might have changed in due course.

-HTH

And you will probably acquire British citizenship and passport during the second year of your BRP card validity date, at which point your ILR will be superceeded by BC.

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ILR for dependent