HSMP depandant route to ILR

[dr. sira]

dear forum members

My husband has completed his 4 years under hsmp scheme so he would be eligble for ILR after favourable court decision.

Can any please let me know whether I can apply for ILR at the same time. I am only in the UK for one year.

i would be very grateful for answer as this is very improtant for my career as a doctor as in every interview and application forms employer enquire about visa status. Even in most training schemes they are only considering applicants with permant status.

looking forward for ur reply and finger crossed for monday's decision.

good luck all!

[vinny]

If your husband is applying for settlement as an HSMP holder, then yes (196E).
If he is applying for settlement as an HSMP (Tier 1 General) holder, then no (319E(d) not satisfied).

See also can I add my spouse(who joined later)name when apply for ILR.

[dr. sira]

Dear Vinny

Thank you very much for your response. I very much appreciate ur help and contribution to this forum. I have gone through all the linked information but as im not very expert with terminologies and this subject area thatswhy didnt fully understand these.

Can I please claify this with you -

"If your husband is applying for settlement as an HSMP holder, then yes (196E)"

I believe my husband is an HSMP holder - his HSMP was approved and arrived in the UK in April 2005. So I think I would be able to apply with him

I think in the second line by HSMP tier 1 General you mean those under scheme which was introduced later i.e., 2006 - those not under HSMP Judicial review

All im trying to understand is distinguish between HSMP holder and HSMP teir 1 general.

i look forward to ur response - Regards

[f2k]

dr. Sira am not sure when your husband had his latest extension, ie did he apply in 2006 for the extension and received extension till 2010 (1+4) or 2009 (1+3)?
difference here really being that if he had extension till 2010 then in my opinion he is under HSMP. if he has had to re-extend it recently because of the 1+3+1 then i cant be too sure whether he is HSMP or Tier 1. but either way in terms of your question then IF the JR is successful then he would qualify under HSMP and you too would be able to be included in his application for ILR.

If not then you would still be eligible cause he would make application in a years by whhich time you would qualify under the new 2year rule

[geriatrix]

My husband has completed his 4 years under hsmp scheme so he would be eligble for ILR after favourable court decision.

If your hausband's HSMP application (initial application, not EC application) was made before Apr06, then your husband will qualify for ILR after 4 years of stay. If he applied after Apr06 changes, then he must complete 5 years in UK before he can qualify for ILR. When he applied for extension has no bearing on ILR qualifying period. UKBA is bound to honor its promise of granting ILR (subject to immigration rules) as per rules in effect when your husband applied for HSMP scheme initially. Tier 1 stamp in passport notwithstanding.

As for when you'll be eligible for ILR, I would go with Vinny's advice.

regards

[navnas]

Hi Dr. Sira ,

iam also in the same boat as you are .. on HSMP before 3rd April 06 so my wife should also be eligible for applying ILR at the same time with me ... lets see what HO says on this ...

regards,

[pradeep]

HI ,
I have studied varies replies. I can understand yur concern. I belive that you husband when entered UK in 2005 was awarded HSMP scheme & NOT Tier 1.
Secondly, its the main applicant who if elligible for ILR after living in UK for 4 Years (only those whose entered between - 01.02 to 04.06. ) will be entitled for Ilr & so will their depended with them. The dependent of the Main Applicant will also enjoy the same conditions as put in for the Main Applicant. So you will also be stamped with ILR VISA along with your Husband if apply together on the same SET (0) form with 1 aplication fees of £1,020.00 (Fast Trace) or £820.00 (Postal Application) of the Home office.

Yes, when you will apply forUK Passport (Neutralisation) then you have to demonstratethat you have lived in UK for 5 years (as per JR ruling 09.04.09) and same with your husband. Hence your hunband will getUK passport after 5 yers of living in UK ( 2010) & youwil get UK Passport after you staying in UK for 5 Yrs.

But their is another clause available - dependent on UK Passport holder can apply for UK Passport after 2 years of living in UK. Hence after living in UK as UK Passport holder's (Yr Husband) dependent, you can go to apply for UK Passport & NOT wait for your 5 years to complete. Cheak with Home Office Site for more information.