Unorthodox situation
Posted: Wed Jan 30, 2013 5:51 pm
Hi,
I have a premium appointment on Friday, 1st February 2013 but I have got a weird situation at my hands and I do not know whether my wife will be able to secure an ILR or not. Here is my situation:
- I initially came to UK on "Work Permit" on 14/11/2007 (Visa: 29/10/2007)
- Wife came to UK as "Work Permit Dependent" on 02/02/2008
- I shifted to PBS Tier 1 on 11/05/2009. I did not shift my wife with me
- I apply Tier 1 extension again on 11/05/2012 and still didn't shift my wife
- My wife shifted to Tier 1 dependent on 29/10/2012
My wife has completed 5 years in this country as my dependent however I am unsure of immigration rule 319 E (d) regarding stay in UK for 2 years before July 2012 or 5 after that.
Can this objection be raised for my wife? I have asked several lawyers and gotten different opinion and as such the case is quite unique.
I want to know your opinion and what points to raise in case her ILR is rejected?
Please help. Thank you.
P.S. For those interested I didn't shift my wife as my Tier 1 dependent because I was advised that since her status as a dependent will not change it won't make any difference and we've never been stopped at any border check points or anything.
I have a premium appointment on Friday, 1st February 2013 but I have got a weird situation at my hands and I do not know whether my wife will be able to secure an ILR or not. Here is my situation:
- I initially came to UK on "Work Permit" on 14/11/2007 (Visa: 29/10/2007)
- Wife came to UK as "Work Permit Dependent" on 02/02/2008
- I shifted to PBS Tier 1 on 11/05/2009. I did not shift my wife with me
- I apply Tier 1 extension again on 11/05/2012 and still didn't shift my wife
- My wife shifted to Tier 1 dependent on 29/10/2012
My wife has completed 5 years in this country as my dependent however I am unsure of immigration rule 319 E (d) regarding stay in UK for 2 years before July 2012 or 5 after that.
Can this objection be raised for my wife? I have asked several lawyers and gotten different opinion and as such the case is quite unique.
I want to know your opinion and what points to raise in case her ILR is rejected?
Please help. Thank you.
P.S. For those interested I didn't shift my wife as my Tier 1 dependent because I was advised that since her status as a dependent will not change it won't make any difference and we've never been stopped at any border check points or anything.