sheford wrote:My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.
I do not want another trap into the lengthy appeal waiting time..
Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?
How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?
Please advice me if anyone know this matter.
thanks,
sheford.
Firstly, Sheford I am very sorry (as, I am sure, is everyone else on here) to hear that your wife's application has been refused - you must have very mixed emotions! From my experience of the UKBA, I'm guessing that they will not have told you the reason. Insofar as applying as the spouse of a settled resident, I am no expert. Because my wife's last visa was issued in 2010, she was able to apply for ILR under the old rules (pre-July 2012) and we didn't need to prove income. In addition, we had to have lived together as husband and wife for 2 years. I think the first thing to ask in your situation is whether your wife's visa is still valid, or did it expire during your application process? If it is now
not valid, then technically the UKBA will say that she is here illegally now! If it is still valid, then perhaps (if she last applied prior to July 2012) then she
may qualify under the old rules. However, it is possible the UKBA might treat this as a completely new application and say it has to be under the new rules. For the new rules, you have to have lived in the UK for 5 years, and you have to prove that you have a certain level of
income (I think it is between £17,000 and £18,000 per year). However, as I said, I am no expert, and perhaps you may want to consult with an immigration expert to get definite clarification of what the UKBA require. In addition, your wife will have to prove that she can speak English to a certain level. This might mean she has to either take an English Language qualification and/or pass the Life In the UK exam.
Also, as I am sure you know, if you do decide that she should apply - make sure you get a personal appointment (more money, I know, but ultimately
a lot less hassle!.
Whatever you choose, I wish you the very best of luck! Take care.