ILR denied to my wife, given FLR for 2 further years

[sjain6ue]

Thanks to all the moderators for their brilliant work and excellent support.

Case description:

I hold an Indian passport and am settled in United Kingdom for about 6 months now. I obtained my “Indefinite Leave to Remain” on 10th August 2004 after finishing 4 years of stay in UK on work permit.

I got married in May 2003 and brought my wife (also Indian) to UK on a dependent visa. At that time my work permit was expiring in Nov 2003 hence my wife was given visa till Nov 2003 only.

In Aug 2003 my work permit was further extended till August 2008, hence I applied for extension of my wife’s dependent visa on October 2003 through form FLR(O) and her visa was extended till August 2008 (same as mine).

In May 2004 my wife got a work permit issued by her employer valid till May 2007.

When I applied for ILR in August 2004 I did not take my wife along with me. Hence my wife does not have ILR.

In May 2005 when my wife left her job I wanted to apply ILR for her. But home office denied the application for her ILR saying she should have applied when I applied in August 2004. They also said that her dependent visa issued in October 2003 has become invalid because of the issuance of work permit in May 2004. As a result they asked us to fill form FLR(M) and gave her another dependent visa valid till May 2007.

As of now I want to get ILR for my wife at the earliest. Home Office says she will have to wait 2 more years before she gets that. But I do not want to wait that long as this will delay her citizenship to UK.

I want to know what can be done to get her ILR immediately.

[Kayalami]

I regret to inform you that the Home Office are right in all they say.

It is unfortunate that you did not deem it necessary to include your spouse in your ILR application as a dependent if you really wanted her to get it at the earliest opportunity ( I am quoting you).

The grant of any leave to remain in the UK is not about what you want and how you want it but rather is a privilege not a right pursuant to meeting prescribed rules or such being considered under a concession. It might be worth you normalising your wife's status sooner rather than later. Her current leave to remain is no longer valid pursuant to her not working for the sponsor. It is not possible to vary leave where no current leave is held. As a minimum your spouse will start accruing illegal presence in the UK prejudicing any future naturalisation application or worse get removed resulting in any further applications being conducted in India.

Sorry it is not what you wanted to hear.

[John]

sjain6ue, just to add to the good advice already given by Kayalami, you personally can presumably apply for Naturalisation as British in August this year after you have had ILR for a year. Indeed you should proceed to do that if only because it will end up assisting your wife as well.

From what you write, by the time your wife has ILR she will have been in the UK for more than three years. Accordingly, as soon as she has the ILR she would be allowed to apply for Naturalisation, given that she will be married to a British Citizen .... you!

That is, for a Naturalisation applicant married to a British Citizen, there is a three year qualifying period (not five years) and also it is necessary to merely have ILR (rather than have held it for at least 12 months).

[sjain6ue]

Thanks for the good advice. It is good to hear unambigiuosly about what can be done.

I wish somebody in Home Office had adviced me in the same way and I would have avoided a big mistake.

Thanks once again.

Regards