Immigrationboards.com

Hi,

I am going to qualify for my ILR next year. I have a question regarding my wife's ILR application. This has occured to me becouse of one of the user's had trouble with his wife's ILR recently. http://www.immigrationboards.com/viewtopic.php?t=66480.

My wife came to UK in November 2008. We are going to apply for the joint ILR in Sept. 2011. I am on Tier 1 visa. Could some one please advise if my wife can apply for the ILR with me next year.

Thanks,

It does seem that some people are encountering problems with spouse ILR if they have less than 2 yrs stay in UK on a dependent tier 1 visa. The HSMP policy document is clear in that the dependent's visa follows the visa status of the main applicant.
it will be best to carry a copy of this policy and insist on it.
The inherent problem lies in the Tier 1 visa stamp itself, instead of HSMP.

I remember that in my case a while ago, the visa officer was not even aware of the HSMP policy between April and Nov 2006 and had said that she learned something new on that day after I gave her a copy.

All the best, perhaps you may consider applying by post.

psdesai wrote:
My wife came to UK in November 2008. We are going to apply for the joint ILR in Sept. 2011. I am on Tier 1 visa. Could some one please advise if my wife can apply for the ILR with me next year.

Thanks,

Your wife would have been on T1 dependant for > 2 years, so I do not see a problem here.