ILR for dependants?

bumblebeeE · Post by **bumblebeeE** » Fri Jun 19, 2009 3:54 pm

Hello all,

I am going to apply for ILR (based on HSMP judicial review ) in sept 2009.i got married last year and my wife joined me in UK only last year. when she applied for dependant visa , UK consulate in chennai gave her tier 1 dependant visa valid till sept 2010 (my current HSMP is valid till that date).if i apply for ILR will my wife eligible for ILR else what will be her status once i moved to ILR status?I believe dependants should be with their partner for minimum 2 yrs to obtain ILR. Can any one suggest?

my status HSMP (1 + 4)

my wife ( 2 year tier 1 dependant visa)

-Rajesh Thakur

itsme · Post by **itsme** » Sat Jun 20, 2009 11:41 pm

your wife isn't eligible for ILR as she has'nt completed 2 years stay in UK.
You can apply ILR for her, 28 days before her visa expires.

itsme · Post by **itsme** » Sat Jun 20, 2009 11:49 pm

your wife isn't eligible for ILR as she has'nt completed 2 years stay in UK.
You can apply ILR for her, 28 days before her visa expires.

bumblebeeE · Post by **bumblebeeE** » Tue Jun 30, 2009 5:03 pm

Hello

Thanks for your reply. today i rang home office helpline. they said if i apply for ILR my wifes Tier 1 dependant visa will become void and she has to leave the country and apply for entry clearance.

Has any one in this situation?

- R Thakur

justice_will_reign · Post by **justice_will_reign** » Tue Jun 30, 2009 9:16 pm

bumblebeeE wrote:Hello

Thanks for your reply. today i rang home office helpline. they said if i apply for ILR my wifes Tier 1 dependant visa will become void and she has to leave the country and apply for entry clearance.

Has any one in this situation?

- R Thakur

Oh really!!! I won't agree to that but to be on the safe side, consult an immigration solicitor to confirm that.

jazbaati99 · Post by **jazbaati99** » Tue Jun 30, 2009 10:21 pm

Here is my take

When you apply and successfully aply for ILR you need to apply a spouse visa for your wife (two year visa). 28 days before expiry of spouse visa your wife can apply for ILR.

The only other way around could be if you wait till you are married for two years and then apply together. That way your wife can get ILR at the same time as you.

AIRFORCE1 · Post by **AIRFORCE1** » Wed Jul 01, 2009 2:56 pm

I think dependent can be included in the application and there is no need for a dependent to spend 2 yrs unless you are applying in setM which for marraige based ilr.
HSMP and workpermit holders(not new tier2 PBS) can include spouses as dependents and can ilr for both at same time as there is no time limit for spouse/dependent which has to spent in uk.
Also there is no section in setO which asks the dependents stay time here in UK. Hence applying with dependent wil not be a problem and both will get ILR. I mean its a common sense for eg main applicant gets ilr and the dependent doesnt who is on dependent visa whose time limit to stay is set on the main applicants stay here in uk. So if main applicant gets ilr what about dependent/spouse. Will spouse have to change visa to marraige based 2 yrs for that he/she will have to leave country which is outrageous.Therefore spouse of main applicant gets ilr the same time as main applicant if applyig under SETO.
Have a look at this: http://www.ukresident.com/forums/indefi ... 07765.html

bumblebeeE · Post by **bumblebeeE** » Wed Jul 01, 2009 4:22 pm

Thanks for your replies. I rang again and another person said my wife is eligible to apply for ILR with me as she is my dependant. I believe Dependants also dont need to take life in UK test (as per HSMP ILR JR).Its bizzare two people in call centre telling diff things.

justice_will_reign · Post by **justice_will_reign** » Wed Jul 01, 2009 7:58 pm

bumblebeeE wrote:Thanks for your replies. I rang again and another person said my wife is eligible to apply for ILR with me as she is my dependant. I believe Dependants also dont need to take life in UK test (as per HSMP ILR JR).Its bizzare two people in call centre telling diff things.

... that's how they behave over there. There is a limit to what those people know, that is why it is important to cal them atleast 4 times before believing what anyone of them is saying.

rg1 · Post by **rg1** » Wed Jul 01, 2009 10:20 pm

Dependents aged between 18-64 must take Life in UK test

But I'm not sure if she can get ILR along with you as she had not spent 2 yrs in UK yet.

OFCHARITY · Post by **OFCHARITY** » Wed Jul 01, 2009 10:51 pm

dependants under HSMP ILR JR do not need to take the life in the UK test.

justice_will_reign · Post by **justice_will_reign** » Thu Jul 02, 2009 9:56 am

OFCHARITY wrote:dependants under HSMP ILR JR do not need to take the life in the UK test.

but will need it for naturalisation....

AIRFORCE1 · Post by **AIRFORCE1** » Thu Jul 02, 2009 12:08 pm

I think the language req has to be met and I am pretty sure LIFE in uk is compulsary for every one. I mean how expensive and how tough is the test? anyone can clear it, why to remain in doubt.

bumblebeeE · Post by **bumblebeeE** » Thu Jul 02, 2009 12:14 pm

I believe Life in UK test is not required for HSMP ILR (Judicial review) applicants (even dependants not required to take that),its not true for other categories leading to ILR (5 yrs work permit , WP +tier 1 etc)

Has anyone applied for ILR with dependants stayed here less than 2 yrs and received ILR successfully?

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ILR for dependants?

ILR for dependants?