ILR - Dependent Query

[premal20]

Hi

I just have a couple of queries regarding application of my ILR along with my wife.
To give you a bit of a back ground, I am in Indian national. I arrived in the UK in Jan 2007 on a work permit with Marriott Hotels. I got married in Nov 2009 in India and my wife joined me in the UK as a dependent, on the old work permit, in June 2010. I changed work and in March 2011, I got a Tier 2 General visa, valid until 2013, while my wife changed her dependent status accordingly and we both received our Biometrics Residence Permits. My wife and I have just successfully given our Live in the UK test last week

I was going to apply for my ILR this month, but just going through the application process on UKBA website, I came across a new rule where it states; ‘At present, your partner must have lived with you in the UK for a minimum of 2 years before they can apply for settlement. Your children can apply for settlement at the same time as you do.’ I have inserted a link to the same below.

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

So my question is:

Based on the above information provided, can we apply for settlement together and will we both receive an ILR (provided the paperwork is in order)?

If the answer is yes, then I believe that I just have to fill out the SET (O) form for both of us and we should be fine as long as our paperwork is in order.

Though if the answer is no, then:

1. If I do decide to apply now and get an ILR for me alone, then what will her immigration status be?
2. Will she have to apply for another type of Visa, like maybe a dependent of a settled person, before she can apply for settlement in June? When will I have to make her application? Along with my settlement application or after I have received my ILR?
3. If we both decide to wait and apply for ILR in June, will it create a problem (we have valid visas until 2013)?
4. Will our Life in the UK test results still be valid until June 2012, if we delay our application until then?

I'd really appreciate any help.

Many Thanks,

[Yameen]

Hi

I just have a couple of queries regarding application of my ILR along with my wife.
To give you a bit of a back ground, I am in Indian national. I arrived in the UK in Jan 2007 on a work permit with Marriott Hotels. I got married in Nov 2009 in India and my wife joined me in the UK as a dependent, on the old work permit, in June 2010. I changed work and in March 2011, I got a Tier 2 General visa, valid until 2013, while my wife changed her dependent status accordingly and we both received our Biometrics Residence Permits. My wife and I have just successfully given our Live in the UK test last week

I was going to apply for my ILR this month, but just going through the application process on UKBA website, I came across a new rule where it states; ‘At present, your partner must have lived with you in the UK for a minimum of 2 years before they can apply for settlement. Your children can apply for settlement at the same time as you do.’ I have inserted a link to the same below.

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

So my question is:

Based on the above information provided, can we apply for settlement together and will we both receive an ILR (provided the paperwork is in order)?

If the answer is yes, then I believe that I just have to fill out the SET (O) form for both of us and we should be fine as long as our paperwork is in order.

Though if the answer is no, then:

1. If I do decide to apply now and get an ILR for me alone, then what will her immigration status be?
2. Will she have to apply for another type of Visa, like maybe a dependent of a settled person, before she can apply for settlement in June? When will I have to make her application? Along with my settlement application or after I have received my ILR?
3. If we both decide to wait and apply for ILR in June, will it create a problem (we have valid visas until 2013)?
4. Will our Life in the UK test results still be valid until June 2012, if we delay our application until then?

I'd really appreciate any help.

Many Thanks,

See the sticky section in this forum.

http://www.immigrationboards.com/viewtopic.php?t=79378