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Wrong. You were not given a work permit, you were given a dependent visa of a student, which allows you to work. It is not a work permit - that is an entirely different visa and has nothing to do with you or your student-spouse.mundaGunda wrote:thnx for info but i'm still confused as my understanding is workpermit=someone allowed to work
spouse of student=allowed to work=work permit
if a=b
and b=c
then a=c
isn't it
mundaGunda wrote:thnx for info but i'm still confused as my understanding is workpermit=someone allowed to work
spouse of student=allowed to work=work permit
if a=b
and b=c
then a=c
isn't it
I think she can only be put down as a dependent if she has a dependent's visa. So the best thing for you to do is, before you apply for ILR, she switches to a dependent's visa, then she can be included in your application.shoegazer wrote:Hello all
I am applying for ILR in October (1 yr work permit + 4 yrs HSMP) and would like to include my wife as a dependent on the application.
My wife came to the UK on a student visa in 2004 and changed to a work permit in 2005. We were married in 2006 but have been living together since 2004.
My question is, given that she is on a separate track for ILR (in 2009),
a) can I apply for her ILR as my dependent since we meet the requirements of Section 8, even though she did not enter/remain as my spouse?
b) will applying for her ILR as a dependent on my application jeopardize her current work permit status?
Thanks for your advice.
Hi sakura, thanks for the quick response. I had a read through of the Section 8 rules and 295D.i. says that "the applicant has limited leave to remain in the UK which was given in accordance with any of the provisions of these Rules" which she does under WP.sakura wrote: I think she can only be put down as a dependent if she has a dependent's visa. So the best thing for you to do is, before you apply for ILR, she switches to a dependent's visa, then she can be included in your application.
There was a thread about this before - please use the search function and look for "ILR" + "dependent".
She can't apply for ILR with you because she is on a separate track. She isn't your dependent so how would they assume she'd qualify? She has her own WP that has absolutely nothing to do with you so she cannot be included.shoegazer wrote:Hi sakura, thanks for the quick response. I had a read through of the Section 8 rules and 295D.i. says that "the applicant has limited leave to remain in the UK which was given in accordance with any of the provisions of these Rules" which she does under WP.sakura wrote: I think she can only be put down as a dependent if she has a dependent's visa. So the best thing for you to do is, before you apply for ILR, she switches to a dependent's visa, then she can be included in your application.
There was a thread about this before - please use the search function and look for "ILR" + "dependent".
Can you point me to the threads where a similar situation was discussed? I did do the search before posting this and couldn't find any info specifically for my situation.
I'm unsure what your query is now; I'm just pointing to the fact that she needs to be on a dependent's visa to be included in your ILR application. She doesn't need to fulfil the full 5 years, no, as long as she is on the dependent's visa. But she will definately need to take the Life in the UK test to obtain ILR.After some more research I came on this thread (http://www.immigrationboards.com/viewtopic.php?t=18023)</a> which seems to indicate that if I pass ILR requirements the spouse does NOT need to pass a similar requirement even if she is on a different FLR track? We have lived together for 3+ years now (including a happy year of marriage) and it would be unfair (and expensive) to have her be refused ILR when I apply.
I think so. But in the long run, you'd only have to pay one fee for ILR for you both (£750), so you're actually saving some money. Sorry, I don't know much about switching to dependent status - maybe ask in the HSMP forum (or wait for someone else to reply).shoegazer wrote:Sakura,
OK that's clear. How would I get her onto my HSMP as a dependent? Would that mean re filing another FLR application as HSMP (and paying another fee)?
Which sounds as if you CAN throw yourself at the mercy of the case worker in cases where you are being granted ILR? I can definitely prove my wife and I are in a long term marriage, have lived together the entire period of her stay here.2.2. Switching
Entry clearance is mandatory for entry in this category. In after-entry cases, however, where the applicant was not admitted as a spouse or child, caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met and that exceptional compassionate circumstances prevail. For UK ancestry dependants caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met. Any case which falls to be refused, however, should be refused on no-switching grounds.