ILR for me and my wife

[psdesai]

Hi,

I am going to qualify for my ILR next year. I have a question regarding my wife's ILR application. This has occured to me becouse of one of the user's had trouble with his wife's ILR recently. http://www.immigrationboards.com/viewtopic.php?t=66480.

My wife came to UK in November 2008. We are going to apply for the joint ILR in Sept. 2011. I am on Tier 1 visa. Could some one please advise if my wife can apply for the ILR with me next year.

Thanks,

[gidoc]

It does seem that some people are encountering problems with spouse ILR if they have less than 2 yrs stay in UK on a dependent tier 1 visa. The HSMP policy document is clear in that the dependent's visa follows the visa status of the main applicant.
it will be best to carry a copy of this policy and insist on it.
The inherent problem lies in the Tier 1 visa stamp itself, instead of HSMP.

I remember that in my case a while ago, the visa officer was not even aware of the HSMP policy between April and Nov 2006 and had said that she learned something new on that day after I gave her a copy.

All the best, perhaps you may consider applying by post.

[musique79]

My wife came to UK in November 2008. We are going to apply for the joint ILR in Sept. 2011. I am on Tier 1 visa. Could some one please advise if my wife can apply for the ILR with me next year.

Thanks,

Your wife would have been on T1 dependant for > 2 years, so I do not see a problem here.