Can any one define what is being admitted towards settlement

[opssss]

Can someone please define what is being admitted towards settlement means in paragraph 281



http://www.ukba.homeoffice.gov.uk/polic ... _partners/

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement
Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:



Doers it refer to spouse or civil partner on tier 1 general?

Basically my husband has been banned by home office for a year due to deception but at that time i didn't have tier 1 general.my question is does this ban apply on him if he apply for dependent visa of tier 1 general applicant ..I am bit confused about the line being admitted toward settlement as in my understanding it is referring to tier1 general.please advise

[geriatrix]

Settlement is Indefinite Leave to Remain (ILR) wherein there is no time restriction on one's stay in the UK. In other words, permanent residency.

‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

Until such time that you are granted settlement (ILR) in the UK and your husband applies for EC as spouse of a settled person, the ban imposed on him will apply to any (other) EC application he makes.


regards

[opssss]

Thank you for your reply, can you please explain me the difference between 1 and 2 clause

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

[geriatrix]

See right of abode.

In a nutshell, neither of the two clauses apply to you / your husband (unless one of you has right of abode, negating the need for a visa).




regards

[geriatrix]

If your husband has been banned for 10 years (as is usually the case when accused of deception), then you have 2 options:
1. Take legal recourse to disprove the deception charges so that the ban can be proved unlawful and revoked.
2. Wait until the ban is spent.

If the ban is of a lesser duration and will expire before you become settled, then either follow step 1 above or apply for EC as dependent of Tier 1 dependent after the ban expires.


regards