Can I apply ILR for wife on same date

HSMP_HSMP · Post by **HSMP_HSMP** » Fri Feb 06, 2009 1:28 pm

Hi,

I was awarded HSMP visa along with my wife (dependent) on 12/01/2005.

I arrived in uk on 05/03/2005.
My wife arrive in UK on 30/04/2005.

We have received visa extensions with due course of time.

Now my query:
I will be completed 4 year and 11 months(28 day rule) on 8/02/2010. Can I apply ILR for wife on same date or she has to wait 2 more months (28 days rules) and I have to pay twice?. Confused please advice.

Thanks in advance.

MyHSMPApplication · Post by **MyHSMPApplication** » Fri Feb 06, 2009 1:36 pm

I will be completed 4 year and 11 months(28 day rule) on 8/02/2009

I guess you meant 08/02/2010 isn't it?
If it is yes, then find my answer below

Can I apply ILR for wife on same date

YES she can. Provided you have sufficient proof that you have lived together.

Oh, BTB you have posted this query on a wrong thread in this forum.

Cheers
PG

HSMP_HSMP · Post by **HSMP_HSMP** » Fri Feb 06, 2009 1:40 pm

Thanks! I have edited it.

chicoco · Post by **chicoco** » Fri Feb 06, 2009 8:50 pm

Each individual is required to have completed five years ( 4 years and 11 months, given the 28 day day rule). Hence your wife's application should only be sent 28 days before HER effective five years is completed. Your best bet is to wait until April 2, 2010 ( given that your wife joined you on April 30, 2005) and then apply for both your self and you wife at the same time if you do not want to pay twice.

rizwan567 · Post by **rizwan567** » Fri Feb 06, 2009 10:04 pm

chicoco wrote:Each individual is required to have completed five years ( 4 years and 11 months, given the 28 day day rule). Hence your wife's application should only be sent 28 days before HER effective five years is completed. Your best bet is to wait until April 2, 2010 ( given that your wife joined you on April 30, 2005) and then apply for both your self and you wife at the same time if you do not want to pay twice.

Chicoco- I strongly disagree with you.

His wife can definately apply and get ILR on the same date as his husband. I am 100% sure as I have seen practical example of this on at least 3 occasions. She does not need to complete 4 or 5 years..

nksg · Post by **nksg** » Sun Feb 08, 2009 12:53 pm

Yes, your wife can apply with you in the same form now.. your wife is not required to complete 4yrs and 11 months.. as she is yr dependent..

nksg · Post by **nksg** » Sun Feb 08, 2009 12:53 pm

Yes, your wife can apply with you in the same form now.. your wife is not required to complete 4yrs and 11 months.. as she is yr dependent..

Hope2007 · Post by **Hope2007** » Mon Feb 09, 2009 7:24 pm

ok just a Quick Question

please consider this case:

husband is on hsmp , getting ready for ILR after completing 5 years and wife is in workpermit not as a dependent as she has her own visa at that point ..

can she be included in the same app as a dependant while husband applies?

Post by **vinny** » Mon Feb 09, 2009 11:43 pm

Hope2007 wrote:husband is on hsmp , getting ready for ILR after completing 5 years and wife is in workpermit not as a dependent as she has her own visa at that point ..

can she be included in the same app as a dependant while husband applies?

If wife is a work permit holder, then she is not considered as a dependant. Unfortunately, I believe that only dependants may be included with the main applicant.

Pierrot95 · Post by **Pierrot95** » Tue Feb 10, 2009 1:45 pm

HSMP_HSMP wrote: I will be completed 4 year and 11 months(28 day rule) on 8/02/2010. Can I apply ILR for wife on same date or she has to wait 2 more months (28 days rules) and I have to pay twice?. Confused please advice.

Thanks in advance.

http://www.ind.homeoffice.gov.uk/workin ... ettlement/

Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Children of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules.

Hope2007 · Post by **Hope2007** » Tue Feb 10, 2009 7:24 pm

in that case, the partner can apply at the same time provided the partner meets the criteria:

---------
Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement
---------

so it doesnt matter if the partner is a wp holder not a dependan(she is on her own visa-i.e workpermit)

am i right here ? please correct me if i am not

Pierrot95 · Post by **Pierrot95** » Tue Feb 10, 2009 10:05 pm

Hope2007 wrote:so it doesnt matter if the partner is a wp holder not a dependan(she is on her own visa-i.e workpermit)

Litteraly that is what it means, but it is worth getting confirmation from HO or from someone who has successfully done that before.

Post by **vinny** » Tue Feb 10, 2009 10:49 pm

Prior to being eligible for FLR or ILR, in line with the main applicant, 319C and 319E and 196A, 196B and 196D indicate the requirements for dependants.

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Can I apply ILR for wife on same date

Can I apply ILR for wife on same date

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