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Can HSMP dependents apply for ILR on their own ?

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WinGala
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Posts: 2
Joined: Sat Jul 25, 2009 10:10 am
Location: LONDON

Can HSMP dependents apply for ILR on their own ?

Post by WinGala » Sat Jul 25, 2009 10:43 am

Dear fellows, Good day..

My situation:

Type : HSMP since January 2003
Category: 1+3+4 (yes I was granted 4 years extension in 2007 instead of ILR). HSMP Judicial Review Case as such.

I have already applied for the ILR and have of course included my dependents in the application.

In case the ILR application for the main applicant is denied for certain resons (Driving without proper insurance and fined subsequently by court last year in June- declared in the form. Also the number of days spent outside UK are 292 days business trip and 95 days personal paid holidays in 6 years; company letter provided ), do the dependents have right somehow to apply for ILR on their own. The time spent in the UK by all the dependents is greater than 6 years.

I know there is 50-50 chance of success, nevertheless I feel it a great in justice to my dependent kids who started their education in the UK and have accustomed to this society. Going back to the native country would be disastrous and an emotional setback.

Any comments.


WinGala

HSMP2008_JANUARY
Member
Posts: 190
Joined: Tue Jan 29, 2008 10:10 pm
Location: London

Post by HSMP2008_JANUARY » Sat Jul 25, 2009 1:01 pm

What reason did HO give for extending visa rather than giving you ILR in 2007?

I dont think that if the main applicant fail to get ILR then dependent will ge granted ILR since "dependent visa" is attached to main applicant. So if main applicant fails to get visa for what ever reason then dependent can't apply on her own.

jahil
Newly Registered
Posts: 11
Joined: Fri May 22, 2009 9:44 pm

Re: Can HSMP dependents apply for ILR on their own ?

Post by jahil » Sat Jul 25, 2009 4:27 pm

WinGala wrote:Dear fellows, Good day..

My situation:

Type : HSMP since January 2003
Category: 1+3+4 (yes I was granted 4 years extension in 2007 instead of ILR). HSMP Judicial Review Case as such.

I have already applied for the ILR and have of course included my dependents in the application.

In case the ILR application for the main applicant is denied for certain resons (Driving without proper insurance and fined subsequently by court last year in June- declared in the form. Also the number of days spent outside UK are 292 days business trip and 95 days personal paid holidays in 6 years; company letter provided ), do the dependents have right somehow to apply for ILR on their own. The time spent in the UK by all the dependents is greater than 6 years.

I know there is 50-50 chance of success, nevertheless I feel it a great in justice to my dependent kids who started their education in the UK and have accustomed to this society. Going back to the native country would be disastrous and an emotional setback.

Any comments.


WinGala
Your conviction should not cause problem in your ILR application. It might be a problem for naturalisation application.

Your absences backed up by employer letter should also not cause problem to ILR application

Good Luck

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