Dependent ILR Dilemma

[ilrdilemma]

I will be completing my 5 years stay in UK in Oct, 2010 on WP + HSMP + Tier 1. I will be applying for my ILR in Sep, 2010. I got married last year and my wife joined me in UK on June, 2010 on Tier 1 dependent visa. Will she be able to apply for ILR together with me now or does she have to stay for 2 years before she can apply for an ILR and I go alone for my ILR now...Please let me as i am trying to fill out the SET(O) form now and it is so confusing...

Also, what will happen to her Tier 1 dependent visa if I go for ILR alone now ? Would her dependent visa be cancelled (since i am on ILR and not on Tier 1 anymore) and she has to apply for something new ? Her Tier 1 dependent visa is valid until Mar, 2012. Help needed from experts...Please

[geriatrix]

If you received HSMP approval as per rules in place until Nov. 06, then your dependent(s) may be eligible for ILR at the same time as you.

If above isn't the case, then after you are granted ILR your spouse will need to extend her leave as a spouse of settled person (FLR(M)).

regards

[ilrdilemma]

Hi sushdmehta, thanks for your reply. My HSMP was first approved in Mar 2007. Not sure why would this would make any difference. What are the rules for ILR dependents for post Nov 2006 approvals. Just want to know your thoughts ? Please help. Are there any residency requirements for ILR and ILR dependents (like 180 days out of UK limit, 90 days out of uk limit etc.) , where can i find this information on the UKBIA website...sorry to bother you...Thanks

[geriatrix]

HSMP approvals based on rules that came into effect from Dec '06 are not covered by the HSMP Judicial Review which entitles dependents of HSMP migrants (approved as per rules until Nov '06) to qualify for ILR at the same time as the main applicant without the need to spend 2 years in UK as a dependent. Assuming you applied for HSMP approval in Dec '06 or later, you're not covered by HSMP JR and Tier 1 (General) immigration rules apply - requiring your dependent to complete 2 years in the UK as dependent before qualifying for ILR.

In your case, apply for ILR for self. When granted, apply for extension of leave for dependent as spouse of settled person (form FLR(M)).

With regards to absences from UK, dependents are not affected. Search the forum and you'll find ample information and opinions.




regards

[ilrdilemma]

Hi sushdmehta, thanks a lot. It's getting clearer now. So my dependent is not eligible for ILR with me in Sep 2010. She will be eligible only after 2 years of stay in UK. Are any breaks in the 2 years of dependent stay OK? She is planning to go back to India for 6 or 7 months next year for her brother's marriage. Would this be a problem for her ILR 2 years down the line ? Thanks again for your help and response. A lot of my friends are also in similar situation.

[geriatrix]

With regards to absences from UK, dependents are not affected.

regards

[ilrdilemma]

Thanks a lot...It is very clear now. Thanks for all your help...