Clarification on the 9-July-2012 cut off for dependant ILR

[chiku1980]

I intend to apply for an ILR for my wife and myself. I am on a Tier 1 (general) visa and my wife got her Tier 1 dependant in August 2012 (i.e. after July 2012). I have already completed 5 yrs in UK and we shall complete 2 years together in August 2012. Therefore I intend to apply for an ILR for the both of us at the same time in August 2012.

As per whats put in the "read before posting" thread on this forum, my wife needs to complete 5 yrs qualification period as a dependant before she qualifies for an ILR (since her dependant was applied only after 5-July-2012). However I am not sure I agree with that statement.

If I look at the UK BA website on the page where it explains rules for settlement of dependants at the same time as the main applicant I find the following (original page from UKBA [url]http://www.ukba.homeoffice.gov.uk/visas ... s/#header1[/url]):

"[b][u]Partners[/u]
Your partner can apply for settlement at the same time as you apply for settlement, if:

- you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
- they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
- you and they intend to live permanently with the other as husband and wife, civil partners, unmarried partners or same-sex partners;
- they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
- they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
- they have sufficient knowledge of the English language and life in the UK, unless they are aged 65 or over when they apply. For more information, see the Knowledge of language and life in the UK section.These requirements are set out in paragraph 319E of the Immigration Rules[/b]."

As you can see these rules do no state anything about the 9-Jul-12 cut off date.

The only place I see this where the dependant is planning on applying for a settlement whose partner already a british citizen or is already settled in UK.


If both are applying at the same time, then the cut off of 9-Jul-12 shouldnt apply as per my interpretation.

What am I missing or mis interpreting here? Any thoughts? I have several friends in a similar situation and any guidance on our interpretation should help a lot of people.

[vinny]

319E(d), etc., would be applicable to her.

[chiku1980]

Many thanks Vinny. That really helps clear things up.

Considering this then, if I have to apply for my ILR now... what category would my wife need to apply (she cant be on tier 1 dependant if I get an ILR i am assuming). Would that be FLR (M) or some other route?

Also, can we both apply at the same time i.e. my application for ILR and her say for FLR(M)?

Regards,
Sudhanshu.

[vinny]

See also Tier 1 Dependent to ILR.

[chiku1980]

Thanks Vinny.

I have gone through the other thread and based on that I understood the following:

- I can apply and get my ILR
- My wife continues on Tier 1 dependant till March 2015 when her current tier 1 runs out
- She can apply for Tier 1 dependant extension in March 2015 even if I will be in ILR at that time and continue to do this until she qualifies for ILR under the 5 year rule.

Is my interpretation correct?

[vinny]

I think so.