Another ILR Long residence

[serd]

Hi,

I have been legally residing in UK for the last 10 years initially entered on a tourist visa in October 1995 subsequently changed to permit free status as a doctor in training.( no long abscences except holidays)

I made an application to the PEO for ILR but was told that although I would be eligible for ILR based on the long residence concession but my wife would not be as she has only been residing here for the last 3 and a half years scince we got married ( She is currently on the same permit free status as me)

I was also told that if I were on a work permit and so was my wife then the same would not apply and both of us would be able to get ILR at the same time

I would be grateful if someone could please confirm if the same is true or should I get some professional help

Thanks in advance

[stedman]

That's very odd, what do they expect her to do visa-wise when you get ILR? Surely she's entitled to whatever visa you have?

[nyrnu]

if you think your case is not complicated, that is- no longer than 3-month absence out of UK and your visa is continuous all the time, then you can try to submit ILR application in person at Croydon rather than by post and likely get the decision at the same time. Of course, they still have the right to take longer time to consider your case if they think your case is complicated. Good luck. Good luck.

[John]

Serd and Nyrnu, my understanding is that ILR under 10 year or 14 year procedures is outside the immigration rules. It is solely at the discretion of IND and I have to say that I can't see why they would exercise their discretion for an adult dependent who has not been in the UK for 10 years.

So Nyrnu your wife has been given a 2-year spouse visa. In the last month of that she should apply for ILR.

And Serd, has your wife also been given a 2-year spouse visa?

For both Serd and Nyrnu, after you have had ILR for one year you will be entitled to apply for naturalisation. Assuming that is granted, your respective wives will then be married to British Citizens. Accordingly as soon as they have their ILR visas they too will be able to apply for naturalisation .... so will end up being British in not much more than two years from now.

[serd]

No right now I have left things on hold and am thinking whether I should apply after applying for a work permit(as I have been appointed to a consultant job and the hospital shall do so) and then probably try for ILR on that basis or I shall get the ILR for myself and then get my wife as dependent

The fact the person at the Liverpool PEO said that if I was to apply for ILR after being on a work permit then my wife would get the ILR at the same time makes me think possibly thats a beeter option

All I am wondering is that the rule that I can get and my wife cannot get the same status although we have been married over 3 years seems ridiculous or the person sitting at the reception desk of the PEO has made her decision withouth seeing the merits of the case in detail

[John]

ILR for myself and then get my wife as dependent

I certainly think that would make sense. If you have got your ILR then you are "settled" in the UK. On the basis of that your wife is able to get a two-year spouse visa, then ILR near the end of that. Not sure that makes your wife your dependent.

Surely you getting ILR is better than getting a Work Permit? After all, with ILR you have total freedom to work and therefore no prospective employer has the need to get a Work Permit for you ... meaning you are more employable.

By you getting ILR now, then applying for naturalisation a year later, your wife will get her ILR in two years time, and then can apply for her naturalisation immediately after getting the ILR.

the person sitting at the reception desk of the PEO has made her decision without seeing the merits of the case in detail

So you did not actually end up submitting the application? Based upon what that person said? Well OK, but I think that person working in the PEO was only interpreting the instructions available to her.

[serd]

I am slightly confused here

I was under the impression if one was on work permit and then tried for ILR under the long residence concession (based on the fact that I would still have done 10 years legally) then the length of residence of the wife would be of no consequence and both shall get ILR the same time.

I am also worried by giong onto a work permit I hope it shall not jeopordise my ILR on the basis of long residence

Can you please give some advise

[John]

Serd, these are the relevant instructions given to IND staff :-

CHAPTER 18 THE LONG RESIDENCE CONCESSION

As far as I can see there is absolutely nothing there about dependants of the person applying for ILR using the 10-year or 14-year concession.

I stick with my comment made yesterday morning. I think you should apply for your ILR, put your wife on the application form as a dependant, but expect her to be issued "only" with a 2-year spouse visa.

The sooner you get your ILR the sooner you can apply for your naturalisation, which you will appreciate will also have an effect upon when your wife can apply for her naturalisation. Both of you could be British in not much more than two years from now. Assuming Citizenship Test has been passed!