Question about New rules for ILR and dependent passport lost

[offline]

Hi All,

I need some clarification regarding latest changes to the ukba rules,

I have been living in UK since 2004, and have been a workpermit(sponsored) holder since 2007,

I am eligible to apply for ILR(settlement) on 13th August 2012, but I am a bit nervous about applying after these new updates, which will be enforced on people applying after 9th July 2012.

As per the current i.e. pre 9th July 2012, rules I don’t see any issues in my application.

i.e. I will get employer letter, meet the minimum salary, don’t have absence from UK, passed the life in UK test etc.

Can someone explain what are the new changes? and how they can affect someone in my situation me?

I heard the min time required for spouse to apply for ILR is also increasing, I have been married since Nov 2008 but my wife joined me in UK on Jan 2010 on Workpermit dependent visa.

So as per current rules(pre 9th July) she can apply for ILR, will she be effected by the new rules and not able to apply for ILR for another 3 years?

My second issue is, that my wife had her passport stolen a year back, she was able to get a new passport but did not apply for transfer of visa (TOC) until April this year.

Now her application is still with homeoffice, and because she needs to give her life in uk exam pretty soon I asked homeoffice to return her driving licence so she can sit in the exam.
The homeoffice document return centre assured us that the return of driving license will not stop the TOC application and if we have not receive our documents before ILR application we can take the homeoffice letter to our appointment and they will consider my wife ILR application without the passport. And there should be any issues for her to receive her ILR etc.

My question is, is this possible i.e. she can apply for ILR even when her passport is with homeoffice under a different application?



Kind Regards,
OffLine

[zahid.ali.anwar]

My question is, is this possible i.e. she can apply for ILR even when her passport is with homeoffice under a different application?

Yes she can...just mention the details of the previous application in your cover letter and attach the copy of the letter you have received from home office in lieu of her application for TOC.

[offline]

Yes she can...just mention the details of the previous application in your cover letter and attach the copy of the letter you have received from home office in lieu of her application for TOC.

Thanks Zahid, I guess you answered both questions with one answer.
But just to put myself at ease, would the new rules effect her in anyway. Or will she be considered for ILR as per the current rules i.e. pre 9th July 2012.

I heard in the new rules they are increasing the time of stay required in UK to 5 years before you can apply for ILR.

Regards,
OffLine.

[zahid.ali.anwar]

would the new rules effect her in anyway. Or will she be considered for ILR as per the current rules i.e. pre 9th July 2012.

No she will not be effected. Any one entering in Spouse or dependent visa after 9 Jul 2012 will be effected by this. The effecties have to complete 5 years before applying for ILR.

If your wife is applying with you for ILR before october 2013, she just needs to pass life in the UK test. If it is after Oct 2013, she needs to pass an additional english language test at level B1.

Otherwise the duration remains the same i.e. 2 years stay in UK.

[offline]

Thanks Zahid.

Regards,
OffLine.