Applications under 196D of HC395

[hermes]

In 2010, my friend was granted ILR upon completion of 5 years work permit approved employment (under para 134 of HC395). At the time, his wife, who had not completed the KOL requirement, could not apply with him. Because his wife was not being granted ILR, his son could also not apply.

Can they apply now under 196D of the Immigration Rules or do they need to wait for 2 years before applying as spouse of a person settled in the UK?

Which form they should use and what would be the fee?

PS: Both his wife and son were granted leave to enter as dependants of work permit holder (and not in the settlement category).

[vinny]

No need to wait (196E). Probably SET(O).

[hermes]

No need to wait (196E). Probably SET(O).

Thank you Vinny.

My friend called up the enquiry bureau yesterday and was told that the grant depends upon caseworker's discretion since her husband already had ILR, she was no longer a dependant of a WP holder.

Why would a discretion apply when 196D (ii) is clear about granting ILR even when principal applicant and dependant do not apply together?

[vinny]

I don't think that discretion is required. Do quote the applicable immigration rules when applying.