Dependnat of 10 year long residency ILR applicant

[members]

Dear All,

I hope this post would be useful for everyone. Current immigration rule paragraph 319E(d) says:

"To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, the applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years"

Does this rule not apply to :

a dependent of a migrant who is currently on PBS but will apply for ILR under the '10 years long residency' criteria?

If not, then what would be the best advice for that dependant?

[2012]

Dear All,

I hope this post would be useful for everyone. Current immigration rule paragraph 319E(d) says:

"To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, the applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years"

Does this rule not apply to :

a dependent of a migrant who is currently on PBS but will apply for ILR under the '10 years long residency' criteria?

If not, then what would be the best advice for that dependant?

1. No
2. Apply on FLR (M) form

[Angelica]

1) No [ Unfortunately ]

2) Most people go for FLR(M) which is another waste of time. If i were you after the main applicant have gotten his ILR, the dependant can then apply for ILR using set O, ticking ''other ares not covered by the rule'' and in the blank option, put ''dependant of a settled person''.

[2012]

1) No [ Unfortunately ]

2) Most people go for FLR(M) which is another waste of time. If i were you after the main applicant have gotten his ILR, the dependant can then apply for ILR using set O, ticking ''other ares not covered by the rule'' and in the blank option, put ''dependant of a settled person''.

1. The OP asked the question under the 10 years category and the guidance clearly states the procedure for dependents.
2. I do not understnad on wat basis r u suggesting this option?

[Angelica]

1) No [ Unfortunately ]

2) Most people go for FLR(M) which is another waste of time. If i were you after the main applicant have gotten his ILR, the dependant can then apply for ILR using set O, ticking ''other ares not covered by the rule'' and in the blank option, put ''dependant of a settled person''.

2. I do not understnad on wat basis r u suggesting this option?

Like i state earlier '' if i were you''. Area NOT covered by the rule. Even most immigration gurus dont know this.

[2012]

Dear All,

I hope this post would be useful for everyone. Current immigration rule paragraph 319E(d) says:

"To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, the applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years"

Does this rule not apply to :

a dependent of a migrant who is currently on PBS but will apply for ILR under the '10 years long residency' criteria?

If not, then what would be the best advice for that dependant?

1. I wud strongly recommend to follow the guidance.

[Lucapooka]

The immigration rules (319) that relate to settlement offer no scope for PBS dependants to apply for ILR individually (ie a any situation that is not a joint application with the PBS migrant using the same form). Obviously a joint application is not possible under the long residence category and therefore any application made either jointly or separately will be refused. In such cases the PBS dependant must apply for leave to remain under paragraph 284 of the rules and then apply for ILR under paragraph 287(a)(i)(d).

Angelica, you are mistaken. A category not covered in the rules refers to applications outside the rules for DL. Even if a DL application had merit and were granted, it would then lead to a further six year period of leave before ILR could be considered.

[Angelica]

The immigration rules (319) that relate to settlement offer no scope for PBS dependants to apply for ILR individually (ie a any situation that is not a joint application with the PBS migrant using the same form). Obviously a joint application is not possible under the long residence category and therefore any application made either jointly or separately will be refused. In such cases the PBS dependant must apply for leave to remain under paragraph 284 of the rules and then apply for ILR under paragraph 287(a)(i)(d).

Angelica, you are mistaken. A category not covered in the rules refers to applications outside the rules for DL. Even if a DL application had merit and were granted, it would then lead to a further six year period of leave before ILR could be considered.

No Sir.

There are rules and there are loopholes in the rules. I have tens of applications that i dont EVER believe it will be granted but was eventually granted.

1) Take a look at this scenario, Dependant of a work permit holder whose main applicant died a year before qualifying for ILR. There is nowhere in UK law that state such person can apply for ILR in this circumstances. One Idiot lawyer ask her to apply as a bereaved and she was refused. Of course she did NOT qualify for that because the dead husband did NOT have ILR. Do you know what? She was eventually given ILR last week. I can never believe this because the highest i expected was Discretional leave to Remain. In fact i went there to see her and even see the passport. It is unbelievable!

2) In UK law, dependant of a long residency cannot apply at the same time as the main applicant. Do you know that it can 'STILL' BE DONE. I argued over this for over a year but my cousin who is a Solicitor keep telling me he has done it for several people.

(a) Both the main and the dependant MUST EACH PAY the full fees. While the main applicant applied normally, the dependant will tick '' any other reason NOT covered by the rule'' and write ###### in there. ETC


Let look at this, how on earth could a dependant who has been leaving with the main for 8 years NOT qualify to apply at the same time as Main applicant.

Why must dependant wait for yet another 2 years filling the useless FLR(M) as if he/she is just coming to the UK or just getting married. It does NOT make sense. Does it?

There are immigration lawyers who are so good and there are some who are just bookish.

[mubasher]

Hi All:
It is true dependent can not apply at the same time with main applicant, but one of my friend just got her wife ILR sorted,he changed her visa to spouse and next month he applied for ILR using form SET M nad she got it. i am also in the same situation my wife was my dependent of HSMP when i got ILR on long residency she already spend 2 years with me but now has been given 2 years more visa (spouse visa) but i booked an appointment and will go to same day service in croydon for ILR following the same way my friend done.because as my wife has already spend 2 years with me on HSMP i think they will include that time period for ILR , but you need to change to 2 years spouse visa for that and than you can apply straight way. lets see hopefully it works,but dont know can we give the reference to home office of some one who was in same situation and got the visa? will home office accept it? any idea to any one?