WP ILR for HSMP spouse on same SET(0)

[RedSpeed]

Hello board,

This board has been of great help to us in past. Here we are back again with a question regarding WP indefinite leave to remain for HSMP partner.

I am working in the UK on a work permit. My wife entered the UK as a workpermit dependent. Down the line looking at the changing wind of Immigration rules and the job market we felt that it was best for both of us to have independent visas. So, we applied for her independent HSMP as in country application which got approved and she is now on HSMP visa.

I was supposed to apply for indefinite leave last year just before HO changed their ILR rules last year; yes we missed qualifying for the old rules by just 28 days. Nevertheless, if they don’t change the rules once again this year, then I am expecting to apply for my ILR in APR/MAY this year.

My questions are as follows:

1) Can I apply for my wife’s ILR as a dependent with my ILR application on same SET(0) form, yes I am using the new 2 APRIL form , one with lots of typos?
2) We have cleared our life in the UK test last month.


Our time line of visas…
1) I entered UK in JUN 2001 as Student
2) I started working on a workpermit in MAY 2002 and am still on work permit but with different employer, my visa is valid till 2011.
3) My wife joined me as a work permit dependent in May 2005
4) She received her HSMP EC in JAN 2006
5) She has now been granted further leave to remain in JAN 2007 for a period of 4 years

And finally does any one know, whether we are expecting any more changes in ILR rules this year before MAY/JUN, other then the “life in the UKâ€

[tvt]

You can only include your wife in your ILR application if her immigration status is a dependent to the main applicant (WP Dependent in your case).

To include your wife in your ILR application, she will need to change her immigration status from HSMP to a WP Dependent prior to your ILR application. Alternatively, your wife can apply in her own right but this will take longer (unless you have been married for 4 years) and will cost more.

Regarding the changes, no one can tell you at this stage I expect some adjustements once the Point Based Scheme is fully implemented.

[RedSpeed]

Hi Tvt,

I am trying to understand the logic behind this. I have contacted the Home Office but as usual the reply was an automated email.

but SET (0) guild lines say

WHO CAN APPLY ON THIS FORM?
With the exceptions set out below, you and your spouse, civil
partner, unmarried or same sex partner and/or children
under 18 if they are applying as your dependants. Unless otherwise
stated, the word “partnerâ€

[tvt]

I agree that the result may seem illogical but the Immigration Rules are not necessarily the most logical thing on earth.

If you include your wife in your application, then unless she changes her status to a WP Dependent prior to your application, her application (not yours) may be refused. In that case she will only be able to apply on the basis of:

1. Her own right - i.e. 5 years on HSMP
2. Apply for a spouse visa immediately after you get your ILR (based on the fact that you are settled and present in the UK) wait 23 months and then apply for ILR .
3. Apply for ILR immediately after you get your ILR, if you were married for more than four years (I understand that this is not the case here.)

Don't count too much on the advice you get on IND's helpline. In many times the advice given is inaccurate / inconsistent.

[olisun]

If you include your wife in your application, then unless she changes her status to a WP Dependent prior to your application, her application (not yours) may be refused.

True, My wife was on a independant wp and was not allowed to apply for ILR along with me...

But after I got my ILR she changed her status as my dependant...

[RedSpeed]

Thanks tvt and olisun,

As every one agrees its con to make money lol…

Any ways so what are the choices?

1) Convert wife’s visa to WP dependent - £550. May be we can do that same day with SET(0) using the same documents.
2) If I apply for ILR without her then when can she apply for her ILR considering she is been in the country (for ILR clock / as WP dependent + HSMP) for about 2 years? When can I apply for my naturalization?
3) Can she apply any quicker for her ILR and naturalization after my naturalization?

I just want to explore the possibilities and chose the best route out of this situation. Any help really appreciated.

Cheers

Redspeed

[RedSpeed]

Hi all,

After speaking to the IND last week we now have some clarification on what we can and can not do.

It is clear that I can not apply for my wife’s ILR with my application; although she can switch to dependent visa at any time.

She has an entry clearance from an overseas port when she entered the country as my dependent so she can apply as in-country applicant as my dependent using FLR (M).

She can apply for the dependent ILR only after period of two year continues dependent status.

So the facts we accepted are

1) We will end-up paying for her separately for every thing (FLR (M) ->ILR->Naturalisation->Passport) and this is going to be a lot of money with new fee hype.
2) She will get her ILR and the rest of it quite late. Considering latest immigration laws at list two years after she switches from HSMP to ILR dependent.

Thanks for help

Regards

RedSpeed

[Docterror]

1) We will end-up paying for her separately for every thing (FLR (M) ->ILR->Naturalisation->Passport) and this is going to be a lot of money with new fee hype.
2)She will get her ILR and the rest of it quite late. Considering latest immigration laws at list two years after she switches from HSMP to ILR dependent.

Why dont you make her your dependant before you apply for your ILR and save her the 2 years wait and money?

[jbinuk]

Why dont you make her your dependant before you apply for your ILR and save her the 2 years wait and money?

Yes, I agree...don't make it too complicated for you. The solution is very simple and will cost you less. It's just a choice between her obtaining an ILR at the same time as yours or waiting for her to complete a 5-year FLR. If I were you then I would simply choose the first option.

[RedSpeed]

Hi,

I know, I would also like to do the same but as per HO she has to be on my WP dependent visa for more then two years before she can apply with me for SET (0).

At list that’s what HO told us twice. Can senior member please back me up on this...?

Regards

Redspeed

[Docterror]

I would also like to do the same but as per HO she has to be on my WP dependent visa for more then two years before she can apply with me for SET (0).

I really doubt that the information given by the Home Office is correct. I will let someone else with practical experience verify.

[jbinuk]

I would also like to do the same but as per HO she has to be on my WP dependent visa for more then two years before she can apply with me for SET (0).

I really doubt that the information given by the Home Office is correct. I will let someone else with practical experience verify.

Likewise, just read the ILR guidance or rules from documents in HO website to have a better understanding. Unfortunately, the HO people are not the best people to get the right info. They always give you false info..many times I have experienced that so I dont usually rely on them. They dont usually know that they are talking about.

I am not 100% sure but as far as I know, as soon as your wife gets a dependant visa and as soon as she enters UK using that visa..then she's automatically eligible for ILR.

I think what you are talking about is for Naturalization based on marriage to a British Citizen.

[jazbaati99]

Hiya

I can say from a practical experience of a friend where his wife got ILR after around six weeks of marriage and been in the country for only a week on a work permit dependent visa. As far as I know, there is no time limit for your wife to be on a work permit dependent visa to be eligible for ILR.

[olisun]

As far as I know, there is no time limit for your wife to be on a work permit dependent visa to be eligible for ILR.

This is true for ILR (till now) but the same does not apply when you apply for BC

[olisun]

I would also like to do the same but as per HO she has to be on my WP dependent visa for more then two years before she can apply with me for SET (0).

I really doubt that the information given by the Home Office is correct. I will let someone else with practical experience verify.

The spouse CANNOT apply for ILR at the same time as the main applicant IF the spouse is NOT dependant on the applicant at the time of the application.

OR the spouse on his own has not completed 5yrs stay in the UK

[Docterror]

I can say from a practical experience of a friend where his wife got ILR after around six weeks of marriage and been in the country for only a week on a work permit dependent visa. As far as I know, there is no time limit for your wife to be on a work permit dependent visa to be eligible for ILR.

Thanks for that clarification. That info should be helpful for a lot of people.

This is true for ILR (till now) but the same does not apply when you apply for BC

Yes, and the subject in discussion is ILR and not BC.

The spouse CANNOT apply for ILR at the same time as the main applicant IF the spouse is NOT dependant on the applicant at the time of the application.

Olisun, we all already know and agree about that. But according to what RedSpeed wrote, and I quote-

I would also like to do the same but as per HO she has to be on my WP dependent visa for more then two years before she can apply with me for SET (0).

So, we were talking about dependant spouse and not a spouse applying on her own WP eligibility.

RedSpeed, there you have it. All the information you need. The board had helped you before and let it help you again. Too bad you did not turn to it before your wife jumped on to the HSMP, but its not too late to rectify that mistake.

[RedSpeed]

Thanks every one,

So conclusion from this discussion is that she can apply for WP dependent using FLR (O) / or FLR(M) ?? as in country applicant (She has EC from overseas port as dependent when she entered the country) before I apply for the ILR. Once she has the WP dependent visa both of us can apply on same SET (0) form for ILR.

I wouldn’t mind getting advice from an Immigration advisor, can any one suggest a good immigration advisor please.

RedSpeed