ILR for wife and husband

[Hope2007]

Hi

i had posted this case in the other thread...still it is not clear..also sent an email to HO..no reply yet..
so i am posting this again here in the family members visa section...

any one had similar situation or any knowledge about this type of case...


if a married couple have two different visas (say husband workpermit holder and wife HSMP holder covered by new JR ILR), when wife applies for ILR after 4 years , can he be her dependant with the main applicant ?

the couple have been married for 4 years & living together.....


Thanks

[jazbaati99]

My understanding about a successful application is that the spouse should be on a dependent visa. So if wife has hsmp (covered by JR) and husband is not her dependent, I don't think he can be included in ILR application. I will let senior members comment further. Moreover can your husband not convert to your dependent before you apply for ILR?

[Hope2007]

thanks jazbaati99 for your reply.

i think, for that the husband has to go back to the home country to change the status to dependant....



some people on the other thread said for spouse visa



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Yes, I think that is possible.
The husband can apply as a dependant along with his wife as main applicant.
Moreover, the couple has already been married for four years, so that should not be any problem as well.
Since both should have joint proof of addresses, marriage certificates, jt bank accounts if any, to prove it as well.
Best would be to call up the Home Office and ask them.
Personally, i think there should not be any problem.

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2


To me it doesn't seem logical. When HO says "dependant's status will follow of the Main Applicant", that applies to the person's holding VISA/LTR with a mention of work 'Dependent', in the example you have quoted, both are though, dependent of eachother, have got differrent status or permission to leave in UK. In this case, if the wife on HSMP gets ILR, and apply for the husband as dependent, he (PROBABLY) would get Dependent status for 2 years and then can apply for ILR. Best thing would be to confirm with HO in such a complecated case.

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[Hope2007]

Senior members comments please....thank you 4 ur time