My wife's visa

[vansuri1]

Hi There

could some of you please shed light on the issue am having to apply/extend for my wife's visa

She has been in country since 2008 on a student visa and then we got married became dependent on me from 2010:

from october 2010- she has been a dependent on a Tier 1 visa for 2 years until 2012(entry clearance as dependent)
then I extended my Tier 1 for an additional 3yrs(she got PBS dependent leave to remain). However in 2014 i changed from Tier 1 to ILR because I was here 10 yrs and she got a(Spouse/partner leave to remain for 2 years)

Now that am british and not sure whether my wife can apply ILR because she has been dependent for 5 years. If not was route she should take

thanks
su

[Casa]

No, because once you were granted ILR under 10 years residence, your wife's immigration clock was set to zero and she is now on a 5 year route to settlement. However, assuming she doesn't have any breaks in the qualifying period she should be able to apply under SET(LR) 10 years residence in 2018.

[CR001]

On what date exactly in 2014 did she APPLY for her spouses settlement visa within the UK??

[vansuri1]

Dear CR001

Many thanks for looking into this

It was on the 20th Feb 2014

[CR001]

She will be covered by the transitional arrangements (these changed on 6th April 2014). She should be fine to apply for ILR on form Set(M). See link below and the last post is what the changes are that took effect.

http://www.immigrationboards.com/immigr ... 43881.html

[Casa]

She will be covered by the transitional arrangements (these changed on 6th April 2014). She should be fine to apply for ILR on form Set(M). See link below and the last post is what the changes are that took effect.

Good call CR001. I should have checked the date.

[vansuri1]

Dear Casa and CR001

many thanks for clarifying this issue. However as you(Cr001) mentioned in your last comments to see the link below but unfortunately there is no link.

could you please resend. Thanks

Also could you please let me know which form my wife should fill?

Your comments have been highly appreciated

Many thanks again

Su

[CR001]

She will be covered by the transitional arrangements (these changed on 6th April 2014). She should be fine to apply for ILR on form Set(M). See link below and the last post is what the changes are that took effect.

http://www.immigrationboards.com/immigr ... 43881.html

Edited but your reply was too quick

[vansuri1]

CR001

Thanks so much ...you have made my day.....before i started this discussion, i was so confused and now i am more confident and your knowledge on immigration is sublime....you deserve all the credit for this

keep doing this excellent job....its hard to get a bit of free advice those days

[CR001]

Thank you. Happy to answer any further questions you might. Post anything you need help on in this thread.

[vansuri1]

Hi Cr001
Trust all is well

My wife rang HO today to double check whether to apply on form set(m) or set(o) and they told her that she cannot apply for ILR because she has restarted her visa as CASA mentioned. SHe will need to extend another 2yrs 6 months before she can apply for ilr

Am now confused

please help

CASA could you please let me know on what basis you agree with CR001 after your initial thoughts as HO that clock has been reset to zero

[CR001]

She is covered by the transitional arrangements (removed on 6th April 2014) because she applied before the relevant date. The clue is in the fact that she was granted a FLR(M) visa for only 2 years and NOT 2.5 years under the new rules. She applies on Set(M).

HO is well known for giving out incorrect information and take no responsibility for it either.

[CR001]

I have underlined the relevant rules/bits that are important to your wife's case below. This is contained in the link I provided. The paragraph numbers referred to are from the immigration rules.

(Spouse / Partner) Dependant of someone applying for settlement under long residence cannot apply for settlement at the same time (as the main applicant) irrespective of the main applicant's immigration category before such settlement application.

4.5.1. Where a relevant PBS migrant gains indefinite leave to remain under paragraph 276B on the basis of Long Residence, their partner will not be able to extend their leave or gain settlement as a PBS dependant and will be required to switch into the partner of a settled person category and apply for limited leave on that basis.

4.5.2. A person granted leave to enter or remain as a PBS dependant before 9 July 2012, whose partner who was a relevant PBS migrant gained indefinite leave to remain on the basis of Long Residence, could have made an application before 6 April 2014, under the transitional provisions in paragraph A280(c), for further leave under Part 8 of the Immigration Rules.

4.5.3. From 6 April 2014, all those granted leave to enter or remain as a PBS dependant, who then wish to apply for leave as the partner of a settled person (including where their partner who was a relevant PBS migrant gained indefinite leave to remain on the basis of Long Residence) are required to apply for leave under Appendix FM.

4.5.4. This is because paragraphs 284 and 295D of the Immigration Rules were amended to restrict switching by PBS dependants who have leave as the partner of a relevant PBS migrant. From 6 April 2014, they are not able to switch into the Rules for partners of settled persons under Part 8. The PBS dependant will either need to apply for indefinite leave under the Points Based System if they can qualify, or apply for limited leave to remain as a partner under Appendix FM.

4.5.5. PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required qualifying period.

[Casa]

CR001 is right and as is common, the HO are wrong. If you call the 'help line' 10 times, you may well be given 10 different answers! I've posted this article previously on the forum, but it may explain the situation with the HO using call centre staff with little knowledge on the Immigration Rules.

https://www.freemovement.org.uk/immigra ... pectation/

Beaten by the renowned Miss Speedy Fingers, CR001

[vansuri1]

Dear Both

Thanks both for your input on this. Really appreciate

I would like to know if my wife goes in person to do it, can they refuse her, should they believe that she cannot apply for ILR

The worrying reason is simply because my wife can loose her job if she get refusal from HO

is it worth the risk?

thanks
Suri

[CR001]

No they should not. HO are aware of the transitional provisions prior to 6th April 2014 and you/she can take the immigration rules I have quote with you if you wish.