ILR for spouse currently not in dependent category

kwanj · Post by **kwanj** » Mon Feb 07, 2005 11:19 am

Hi,

I have recently got ILR.

My wife is staying with me in UK since last 3.5 years.

First three years she was staying with me on my dependent visa, but since last five months she has got approved TWES permit and she has sent her passport for FLR stamping under approved TWES work permit.

I could not get her ILR stamped as her passport was already with Home office waiting for decesion on FLR under TWES scheme.

Now my question is since my wife has recently changed her status from dependent visa holder to TWES work permit, Can she still apply for ILR based on my marriage and the fact that we are staying together since last 3.5 years and I am ILR holder?

One more thing my wife's FLR application has still not being considered due to FLR delays and it will still take further two weeks before it is considered for FLR. In this case is it possible to withdraw her application for FLR so that her status still remains dependent work permit holder?

I request all members to please post your views on this matter.

Regards

kwanj · Post by **kwanj** » Thu Feb 10, 2005 4:47 pm

Could someone please reply to my query??

kwanj · Post by **kwanj** » Thu Feb 17, 2005 11:05 am

Hello Experts,

Could I request you to please provide your valuable suggestions on my query?

Post by **John** » Thu Feb 17, 2005 4:12 pm

Kwanj, OK you want a reply but if no one knows the answer to your question they will simply not post a reply. The last thing you want is hundreds or thousands of people posting, "Sorry, don't know".

But hopefully someone can help you ... let's just wait and see.

Kayalami · Post by **Kayalami** » Thu Feb 17, 2005 8:44 pm

kwanj,

Eh you came to the board a bit late - you should have requested your spouses passport from the HO prior to your ILR application. Pursuant to appropriate format such would not have counted as a withdrawal thus maintaining her visa status. You would have then included your spouse as a dependent on your ILR application - you would have got ILR together for a single fee. You could also have indicated the TWES issue to the HO on your ILR application where a passport was not available for submission- they could have resolved this internally by cross referencing their systems.

Options are:

1. Wait for the TWES to be approved then apply for FLR as the spouse of an ILR holder.

2. Request for passport back for the support of the FLR application - you don't say when her current visa expires..such may influence whether under sec 3C of the 1971 Immigration Act (as amended by the 1999 Act) it would be considered a fresh or a variation of an existing application. An extension on this would then be the issue of discretion or otherwise - your spouse may have to take a trip to your home country for a settlement visa application.

In either case she must hold FLR for 2 years then can apply for ILR 28 days prior to the 2nd anniversary of the FLR status...sorry its going to be expensive either way with the hike in fees.

kwanj · Post by **kwanj** » Thu Feb 24, 2005 6:39 am

Many thansk Kayalami,

My wife's TWES is already approved and we have sent her passport for FLR for the TWES category more than two months ago.

Priort to this she was already in UK for more than 3 years as a dependent spouce of a work permit holder.

Now from your reply my questions are:-

1. Can I ask HO to return her passport so that the FLR is not granted to her under TWES scheme. So that I can take her passport for ILR stamping as she has already stayed with mi in UK for more than 3 years as my dependent visa holder.

2. In case if the FLR is stamped for my wife under TWES category then could you please suggest how can I apply fro her ILR?

I will have to pay for the fees in any case as you say. But just want to get her ILR stamped asap.

Thanks

Kayalami · Post by **Kayalami** » Thu Feb 24, 2005 8:46 pm

Just to clarify:

1. Your wife is not eligible to directly/ immediatley get ILR based on you acquiring such recently i.e. the HO won't say - "oh look she should have got ILR at the same time as her husband so let's just issue her with it now/ today".

2. She must first apply for a 2 year visa on Form FLR(M) to remain in the UK as the spouse of a person with ILR.

3. The FLR(M) application in 2 requires her passport to be submitted to the HO to verify her legal presence in the UK. Ask for the ppt back clearly indicating it is to support the new application or wait for the TWES FLR to be done. I would do the former.

4. Twenty eight (28) days before the end of the 2 year period above your spouse can then apply for ILR.

5. Both FLR and ILR applications have distinct requirements under the immigration rules.

Good Luck

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ILR for spouse currently not in dependent category

ILR for spouse currently not in dependent category

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