Mistake to nightmare with ILR/FLR as dependent

[zabds]

Hi,

My daughter first came to the UK as a student in August 1997. I came here to work towards the ends of my daughter's studies and was granted a work permit in January 2001 ending in 2006.

My wife and daughter were both granted LTR for 5 years. Even though my daughter was over 18, the Home Office was satisfied that she should be granted LTR as my dependent due to the proofs from her student visa applications that she completely relied on me and had no other close relatives back home.

She started to work as a teacher and in 2004, her employer encouraged her to switch to her own work permit. She was granted her own Work Permit mid 2004.

This is where the nightmare started!

Unaware of the switching rules that took effect in Oct 2004, she applied for FLR in Nov 2004 to switch to her own work permit.
The second mistake she mad was that she got married in Dec 2004.
In Jan 2005, she was refused LTR based on her own work permit due to the switching rules.

We have enquired via letter with the Home Office whether she can apply for ILR when I do as I am eligible since Jan 2005.
We were told that her circumstances have changed since she got married and got the suggestion that she goes down the route of her own Work Permit or becoming a dependent of her husband.

We have paid for advices and sadly enough, received a lot of differing ones for the same question

The most strange one was that she was eligible for ILR in her own right for having been here for 4 years even though as a dependent.
Another one was that she could still be eligible for ILR as my dependent if discretionary allowance is applied.
The latest is that she could apply 'in-country' to become a dependent of her husband even though apparently there is no provision in the law to switch to dependent visa 'in-country'.

So can anybody provide definitive answers? I don't know who to trust anymore even though I have paid for advices.
Is her stay considered illegal now? Can she continue working?
Can she switch to become a dependent of her husband while being 'in-country'? Can she do this asap or does she need to wait near the end of her current LTR?
We are worried that if she applies out-of-country, the initial refusal of FLR will make it hard and even risk another refusal?

I've been waiting for her to get sorted before making my application for ILR. Can I submit my application leaving her out?
How does that affect her status if I succeed in getting ILR?

Thanks in Advance.
Abd

[John]

Abd, wading through all that it appears that your daughter no longer has a valid visa. But she is married and therefore entitled to apply for a spouse visa.

But as you have already found out, she will need to return to her country in order to apply for that spouse visa, which when granted, will be of two years duration. Near the end of that two-year period she will be entitled to apply for ILR.

Can I ask, which country are you from?

If anyone else thinks there is a better solution than going overseas to apply for the spouse visa then don't hesitate to post.

[zabds]

Hi John,

Thanks for your reply! We are originally from India!
I am worried that she will be given a hard time when trying to obtain Entry Clearance now that she will attempt to apply through her marriage and was refused a FLR application through Work Permit earlier on.
When you say her visa is no longer valid, does that mean she has to stop working and leave the country?

Abd

[John]

Before I answer your question, can I just check? Your daughter's husband? He is British, or has ILR? Or if not, what sort of visa does he have?

[zabds]

John,
My daughter's husband is currently on a work permit and his LTR is ending in July 2005.
But he has already got another work permit for 5 years and is ready to apply for futher LTR and he is eligble for ILR next year in August.
So we were hoping she could submit an in-country application with his and that her application could be considered a discretionary basis given the circumstances she missed out on the FLR on her WP and ILR with me!
I mean it would be a such godsend if it is somehow possible for her in-country application to be considered.
Some solicitors seem to say it is possible given she's had a clean immigration history so far!

Cheers.
Abd