work permit dependent

[luthiansay]

I came to uk on a work permit dependent visa and then in a years time got it extended for 5 years. Now i do not live with my husband. I am seperated but not divorced. I have a child aswell who was born here but has an indian passport. I complet m 5 years this december will i be eligible to apply for Permenant residence.

[munisa]

I came to uk on a work permit dependent visa and then in a years time got it extended for 5 years. Now i do not live with my husband. I am seperated but not divorced. I have a child aswell who was born here but has an indian passport. I complet m 5 years this december will i be eligible to apply for Permenant residence.

As a wp dependant, you do not qualify for ilr on your own right. You can only apply for ilr with him (when applying at the same time), or apply as a spouse of a settled person SET(M) ie if he got the ilr before you. Since you are not divorced, its best to apply with him or through him. Some rules are that crazy.

[PaperPusher]

Since you are not divorced, its best to apply with him or through him. Some rules are that crazy.

That is incorrect munisa. luthiansay cannot apply for ILR with her husband if they have split up. To do so would be using deception.

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Work permit employment
Requirements for leave to enter the United Kingdom for work permit employment
128. The requirements to be met by a person coming to the United Kingdom to seek or take employment (unless he is otherwise eligible for admission for employment under these Rules or is eligible for admission as a seaman under contract to join a ship due to leave British waters) are that he:

(i) holds a valid Home Office work permit; and......................

194. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is married to or a civil partner of a person with limited leave to enter in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and

(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant's stay and the marriage or civil partnership is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity...........

Requirements for indefinite leave to remain for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

(iii) meets the requirements of paragraph 194(ii) - (v); and

(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.

luthiansay, you are going to have to look at switching to another category to stay if you do not want to leave the UK. You may need advice from a solicitor or OISC registered representative.

You cannot stay here using the leave as his spouse because the marriage is no longer subsisting. Your leave could even be curtailed:

Grounds on which leave to enter or remain may be curtailed
323. A person's leave to enter or remain may be curtailed:

(i) on any of the grounds set out in paragraph 322(2)-(5) above; or

(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted; or

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

[munisa]

Since you are not divorced, its best to apply with him or through him. Some rules are that crazy.

That is incorrect munisa. luthiansay cannot apply for ILR with her husband if they have split up. To do so would be using deception.

[url]

I hold my hands up! I thought while still not living together they could (if the man agreed) apply for the ilr. Certainly a few people have done that.