Immigrationboards.com

[atikhonee]

I hope some one would help me with that.

I entered U.K on finance visa in September 2010.

Got married in December 2010.

Got my FLR (M) in February 2011.

My question is whether i will be eligible to apply for my ILR in September 2012, completing my 2 years or i will have to wait by February 2013.

[vinny]

[akirank]

My wife's ILR was refused on the grounds that she hasnt spent 2 yrs under spouse visa under paragraph 289 with reference to 287(a)(i)(d).

She entered the UK Dec 2009 as a tier 1 Partner and granted LTR until Sep 2011. I got ILR in June 2011 and She applied for LTR as spouse and was granted LTR from 10th October 2011 to 10 october 2013.

We applied for her ILR in feb2012 thinking that she has completed 2 yrs including the time she spent as tier1 dependant from 2009. We applied by post and we received a letter stating that she has to apply after she finishes the qualifying 2 yr period as a spouse of a settled person. They asked us to apply at the end of 2yrs i.e in october 2013. They have not taken the time spent as dependant on Tier 1.

I thought that they will include the time spent as tier1 dependant. Please let me know if I am wrong.

Please help? Is there any way toappeal ?

Thank you very much

[vinny]

There's no right of appeal if she still has leave remaining. However, she may write and request a reconsideration.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

[akirank]

Thanks vinny for your quick reply.

Do you think they are correct in their decision not to consider the time spent as Tier 1 dependant?

Could you please let me know how to ask for reconsideration? Do we need to send all the documents with a covering letter to the same address that we sent for ILR?

Thanks a lot for you help

Regards
Kiran

[vinny]

I don't think that they are correct.

If she had needed to spend two years as a spouse of a settled person, then 287(a)(i)(a) would suffice. 287(a)(i)(d) would be redundant.

Send them a letter with their reference number. Explain that your wife had been living with you as a Tier 1 (General) dependant since Dec 2009. Ask why 287(a)(i)(d) wasn't considered properly when she made the ILR application in February.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

[akirank]

Many thanks Vinny. I shall write to them Requesting to reconsider their decision

Thank you
Kiran.

[akirank]

Hi Vinny,
I spoke to home office this afternoon to enquire about the issue. She read the following statement that i found in this board
"A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.

A dependant partner of a points-based system migrant who has completed less than two years in the UK when their sponsor is granted ILR cannot apply for ILR under paragraph 319E. They will need to apply to switch their leave under paragraph 284. Paragraph 287 then allows such dependants to count time spent as a PBS dependant and also time as the partner of a person who is settled here towards the necessary two year period for ILR.

She asked me to write to the case worker to reconsider. She advised me to attach a print out from ukba website about the above statement.But I could not find it on the UKBA website.

Could you please give me a link for that?

Thanks a lot

Regards
Kiran

[vinny]

Your quote was part of the UKBA's response to nadeemshafiq. It explains the interpretation of the relevant Immigration rules.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

[askyara]

hello

i am applying for ILR under 10years stay. My current visa is PSW. My dependant are my husband whose married to me and been in UK for 7 years, and my daughter, 7 yo -UK born.

Our visas will expire on the 17th of june 2012.

I rang few solicitors which gave me advice differently from UKBA customer care.

Solicitor says : My husband and my daughter need to fill in set (M) form as they have been in UK for 7 years, and do not have to go through FLR(M) form.

UKBA says : They do need to fill in FLR(M) form, then immediately after that OR in two years they can change to set(M).

I am sooooo confuse!! I rang 4 solicitors, and all of them says set (M), and suddenly ukba says completely different. And those solicitors are from well known immigration firm. Please if any gurus,moderators or anyone help me to clarify the situation..pleasseeeee..

Many thanks.

[Greenie]

[askyara]

thank you so much Greenie.

Since few days last week,and today, i have been ringing those solicitors.

At first my aims was just to ask their service to sort my visas and my dependants because all expire by 17th june, and if i send mine now, it wouldnt have time to arrive for dependant to send in theirs. I am so scared to send it by my own, as i have to write in cover letter to explain these situation, because i have all forms together.

While asking them above, i asked them about those forms, and all of them says the same.And today, finally i call UKBA, and they explain differently!

Now i understand, the correct form is FLR(M). They say, that it is better to include my daughter in FLR(M) first. Incase, they refused her citizenship. At least she will have ILR, or else, her visas will expire and she will be illegal here.

As for my gaps - they say my gaps are not gaps but 'statutary state'. and that they would be no problem. But i have to explain it on cover letter.

2 of th gaps are because the HO stamped them late than it is suppose to be .(a day after its expire - but they stamped 2-3 weeks after), and the other is because they hold our passports was held due to accidental in benefits.

I have asked for SAR - has not arrived - hs complained - still has not arrived.

So what would you think should i just inc my daughter like UKBA advice, and what do u think of my gap.

Many thanks.

[Dech]

Hi mak2000,

Congratulations on your wife's ILR. please can you confirm if she applied with SET(M) or SET(O) application . We got mixed answers when we called UKBA.

I have further leave to remain(FLR) Biometric residence Permit visa as a dependant spouse which is valid until Dec2013, but we are considering to go ahead with my ILR application as I have been in the country over 2 yrs. we have referred to the 287(a)(i)(f) section of the immigration policy but not certain which application to use. Please guide us.

Many Thanks
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Dech

[vinny]

[ijaz.khanz]

hi every one, this forum is very helpful, just wana know that i have got ILR on 10 yrs long residence route, during this time initially i was student and then my wife got student visa in 2005 and i became dependent on her later my wife applied for HSMP and she got HSMP in 2009 and i was still dependant of her now as i have got ILR can my wife apply for indefinite directly as she is UK since 2004 and has got her HSMP visa at present or she has to apply for 2 yr spouse visa. any advice and help will be much appreciated.
thanks
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keep trying and never loose hope

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[sushdmehta]