ilr for tier 2 dependent
Posted: Wed May 30, 2012 12:01 pm
I am in the same dilemma. My wife visa (Tier 2 dependent) was granted for 2 years and 17 days but she delayed her entry by 2 months. I am told by UKBA that I can include my dependent on the same form and it will be up to the CW discretion (considering the 3 months delayed entry rule) to grant her ILR.
I am off to Solihull next month for the application. Which solicitor did you asked and what was the specific reply. please could you share many thanks.
I also emailed UKBA for this. See UKBA Reply
Thank you for your email.
Dependant spouses/partners of PBS migrants have to meet the requirements of paragraph 319E of the Immigration Rules to qualify for ILR. Where the applicant meets all the requirements for settlement except for the requirement to have completed the probationary period of two years, before the expiry of their leave, caused by a delay in travelling to the UK for a period of up to three months, discretion may be applied.
However, cases are considered on a case by case basis in accordance with the Immigration Rules and it is down to the deciding officer to determine whether it is appropriate to exercise discretion.
As a policy team we cannot give assurances or bind casework to what decision they must make.
You may find the information in our caseworker guidance at the following link helpful: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Regards
I am off to Solihull next month for the application. Which solicitor did you asked and what was the specific reply. please could you share many thanks.
I also emailed UKBA for this. See UKBA Reply
Thank you for your email.
Dependant spouses/partners of PBS migrants have to meet the requirements of paragraph 319E of the Immigration Rules to qualify for ILR. Where the applicant meets all the requirements for settlement except for the requirement to have completed the probationary period of two years, before the expiry of their leave, caused by a delay in travelling to the UK for a period of up to three months, discretion may be applied.
However, cases are considered on a case by case basis in accordance with the Immigration Rules and it is down to the deciding officer to determine whether it is appropriate to exercise discretion.
As a policy team we cannot give assurances or bind casework to what decision they must make.
You may find the information in our caseworker guidance at the following link helpful: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Regards