Can my wife apply for ILR with me,dont know if shes eligible

[rshelar]

Hi,

I will be applying for my ILR shortly. I am currently on Tier 1.

When I apply for ILR, i shall be just completing 2 years of marriage.

My wife applied for her dependent visa a year after our marriage, so she will be one year into her dependent visa when I apply for ILR.

Now does she qualify for applying for ILR with me? Is it two years for marriage or two years from start of dependent visa ?

Also, for the fist 6 months into the marriage she was in another city and we were only meeting on weekends. Her address on most letters was different to mine for the first 6 months.

Does this change anything ?

Thanks and looking fwd to help from everyone...

[Lucapooka]

Is it two years for marriage or two years from start of dependent visa

It's two years of marriage and two years of residence in the UK. She does not need to have made the entire two years as a PBS dependant (she could have begun this under a different immigration category); merely that she has that that at the time she applies for ILR with you.

[rshelar]

Thanks.

She was on a student visa for the first year and on dependent visa for the second year.

However I am thinking in terms of cohab, since for the first 6 months of the two year period she was in a different city and does not have any proof in terms of documents to show she was staying with me.

She used to travel on the weekends, so can potentially show etickets. But do I really need to show proof for all the 24 months ? Say I show her bank statements for 18 months (the time she has been staying with me), will that be enough?

Does the rule say that I have to provide proof for whole two years ?

Thanks again.

[rshelar]

Anyone ?

[geriatrix]

The rule states that she should have lived with you for at least 2 years to be eligible for settlement.

Have you two lived together for 2 years? Do you have documentary evidences to prove so?
If not, then she is not eligible for settlement yet.

[rshelar]

sushdmehta,

Thanks for your reply.

We have been married for two years but she has stayed with me at the same address for 1.5 years. For the 0.5years she was in the UK and visited me on weekends.

I have email copies of the train booking confirmations of travel.

Is that sufficient ?

[geriatrix]

When were you two married is immaterial, because two people can live together without getting married.

The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

In your case this period is 2 years.

You can explain the circumstances in a covering letter and provide evidences that either of you travelled to live together during weekends / holidays etc. during the 6 month period in question. And hope for the best that the caseworker agrees with your point and applies discretion. Your wife was given the same suggestion.

[rshelar]

Thank you for your help as always.

However in a worse case scenario if the case worker does not agree and decides to reject her application will my applicaiton succeed ?

Or do I have to apply again independently ?

I will be adding her as a dependant and will have explained everything in a cover letter but wanted to know what could happen if the caseworker is not convinced.

[geriatrix]

When applying together, if the the main migrant meets the requirements then his application will be approved. Dependant(s) named in the application will be refused if the dependant(s) do(es) not meet the requirements.

But if the main migrant fails to meet the requirements, both he and the named dependant(s) will be refused.

[rshelar]

Thank you once again.

You are a great help.

[wins7031]

Hi,

I came across your post & I am exactly in the same situation you were whilst writing this post. How has your circumstances been since

Rgds - Wins