Spouse Visa - eligibility for Settlement

[aneil]

Hi there,

Can you please review my wife's case below and advise as I'm utterly confused?

My situation: I arrived in UK on HSMP in October 2007, Tier 1, ILR and eventually British citizenship in December 2013.

My wife's situation: She arrived here in UK in November 2010 as a dependant on Tier 1 visa (my visa situation then). Later on when I was applying for ILR (August 2012), she wasn't eligible for ILR failing to comply with the rule (living in UK for 2 years). UKBA then misled me and asked me to apply for Spouse visa rather than points based dependant visa. Since we applied by post, the Spouse visa was granted in May 2013 and the 5 year rule (starting fMay 2013) will be applied to her based on a new rule (since she was treated as a partner living in UK post 09July2012). That was the biggest mistake I have committed. I'm contemplating whether to appeal.

Now since I'm a British citizen, will it be any soon my wife can apply for ILR? Do we need to wait until May 2018 before she can apply for ILR? I don't want to phone UKBA as they have misled me despite calling them thrice earlier.

Any reply on this case is appreciated. Thanks for your time.

Regards
Aneil

[vinny]

If she was your dependant prior to 9 July 2012, then (she is also subject to the transitional provisions and) her qualifying period for ILR is 2 years.

She may apply for ILR now.

[Amber]

I concur specifically using rule 287(a)(I)(d) and combining the time as a PBS dep with FLR(M) to equate the required 2 years for SET(M). You couldn't appeal as you've been granted leave, you could ask for a reconsideration. However, there is nothing wrong with applying for FLR(M) you were not misled per se, even if it wasn't required. If anything you may have saved money. Just apply for SET(M) now and settle as Vinny states. B1 English and LIUK required.

[aneil]

Thanks for your reply!

Does the 2 year period has to be continuous? My wife was in India for delivery between December 2011 and May 2012.

[Amber]

An absence for maternity should be fine, just supply evidence of a subsisting relationship during that period - e.g. Skpye. However, I do not believe you have to declare absences that are less than 6 months anyway for SET(M).

[lokesh]

Continue to Aneil query, i did apply for my wife FLR in july 2012 even though she would have completed 2 year period(for ILR eligibility) with her existing tier-1 dependent visa. I was under the impression, if dependent application needs to travel abroad and re-enter UK after the main applicant got ILR then her/his Tier-1 dependent visa will not be valid and that's they have to apply FLR before travelling abroad. My PEO case worker also acknowledged/agreed on my above understanding.

I might have misled or misunderstood rules, thanks to home office infinite rule change every year.

I am planning to apply for ILR(one more visa ) for my wife.

I hope she is still covered by 2 year rule(as she entered as dependent in March 2011), unless HO changed any rules while i type this email.

Her timelines are as below.
-------------------------------------------------
Entered UK as Tier-1 dependent in Mar 2011(visa valid till June 2011)
Extended her Tier-1 dependent visa on June 2011(visa valid till June 2013)
Switched to FLR on Jul 2012 (visa valid till June 2014)
Planning to apply for ILR in march 2014

Moderators/seniors please advice me if there are any other rules which i need to be aware of?

Regards

[Amber]

Your spouse could have applied to settled on SET(M) from 28 days before March 2013 by virtue of rule 287(a)(i)(d) assuming it was FLR(M) she was granted in July 2012.

[lokesh]

Your spouse could have applied to settled on SET(M) from 28 days before March 2013 by virtue of rule 287(a)(i)(d) assuming it was FLR(M) she was granted in July 2012.

Thanks Amber, we delayed the ILR application as she got FLR(M) visa valid till June 2014. I hope i can use the same rule rule 287(a)(i)(d) to apply for ILR now.

[Amber]

Yes.

[lokesh]

Thanks Amber

[ssp22]

i have to apply for my ILR very soon.. now after reading certain things.. i am. totally confused. my situation is:
1. came to the UK in March 2011 as tier1 dependent.
2. husband got ILR in sept 2013. I could not apply then because I was in India. Came back to the UK in Jan 2014 and. still on tier1 dependent.
3. passed LIUK and already hold a Bachelors degree taught in English medium.

list of absences:
May2011- 10days vacation
Dec 14th 2011- Jan 21st 2012 vacation
July 2012 and Aug 2012- vacation for around 7 days
July23rd 2013- Jan1st 2014- Went to india with parents due to health care reasons after delivery

my questions are
1. which category of application should i go with?
2. I didnt get the concept of absences. March 2011-March 2013 i have a total of 60days absences. And only in the 3rd yeyear of cohabitation i have 5 months and 10days of absencabsences. I understand that i have to declare all of them but since the count has crossed 180days will it be a concern?

please let me know..thanks in advance

[aneil]

Hi there,

Can you please review my wife's case below and advise as I'm utterly confused?

My situation: I arrived in UK on HSMP in October 2007, Tier 1, ILR and eventually British citizenship in December 2013.

My wife's situation: She arrived here in UK in November 2010 as a dependant on Tier 1 visa (my visa situation then). Later on when I was applying for ILR (August 2012), she wasn't eligible for ILR failing to comply with the rule (living in UK for 2 years). UKBA then misled me and asked me to apply for Spouse visa rather than points based dependant visa. Since we applied by post, the Spouse visa was granted in May 2013 and the 5 year rule (starting fMay 2013) will be applied to her based on a new rule (since she was treated as a partner living in UK post 09July2012). That was the biggest mistake I have committed.

I have phoned UKVI contact centre and they couldn't give an answer, they said they will send me an email. Below is the email

"Dear Sir,

Thank you for your recent enquiry with our Contact Centre.

As you wife switched into the marriage route after the rules changed on 9th July 2012 she will need to complete the full five years in the marriage category before applying for Indefinite Leave to Remain under the rules concerning Indefinite Leave to Remain that are in place when she makes her application.

Regards,
UK Visas and Immigration"

I'm aware that I have posted this query earlier in this forum and few of you have suggested that she can apply for ILR.Now with contact centre's reply, I'm gobsmacked. I have no option but to wait until 2018 to apply for ILR I think.

Any reply on this case is appreciated. Thanks for your time.

Regards
Aneil