SET (O) DEPENDENT

[ramvellore]

Hi,

I have completed 5years in the UK as work permit holder (before points based system). Although my WP is valid until sept 2013, I am planning to go for ILR.

My wife obtained her WP dependent in March 2010 and been in the UK since July 2010. Her dependent visa is valid same as mine (sept 2013).

When I apply for ILR now, does my wife needs to qualify for 2years living within UK? I read through Part 5 of immigration rules, but it is not clear. Please can someone clarify?

I have noticed in the FAQ within this forum:
Q - Does my spouse qualify with me for ILR?
A - Spouse must be in the UK as "dependant" to be included in the settlement application as dependant.
For WP holders (pre-PBS) and HSMP migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196E).

So, can someone with experience (who had got the dependent visa stamped under these kinda circumstance) can confirm please?

Thanks

[zahid.ali.anwar]

Yes she should be in UK for 2 years before applying for ILR.

It states in the settlement section of Tier 2.

Can your dependants apply for settlement?
If your dependants want to apply for settlement, they and you must meet all the requirements of the Immigration Rules at the time when they apply for settlement. If they are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.

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.

[ramvellore]

Thanks for your reply.

But you have mentioned about 'tier 2' dependents.

I am under Old work permit system (pre-PBS). So, does this rule apply in that case?

[zahid.ali.anwar]

These are the requirments for the settlement of dependent under PBS. Since your visa is classed as work permit and now the category is covered under Tier 2. So you are covered under Tier 2.

[ramvellore]

Appreciate your response. But this is in contrast to what FAQ responses from xyz123 says????

So, please can someone who has experienced the similar situation prove this requirement for cohabitation?

[ramvellore]

Please can someone respond???

[zahid.ali.anwar]

Please can someone respond???

Sorry for the post, I read your initial post wrongly and this is just a slip of eye. Sorry again...

Yes the FAQ are right and xyz123 has written correctly. You can apply your wife's visa with you. If you are old WP holder.

The policy wordings mentioned above are for Tier 2 dependents and NOT for you.

[ramvellore]

Many thanks for your responses.

I have managed to get the ILR approved for myself and dependants without any proof for cohabitation from PEO @ Glasgow!