HSMP JR ILR Application - Dependent Visa Rejected

[jj_2011]

Hi,

In brief my personal circumstances are as follows,

1) Current category: ILR

2) My Visa Category before ILR: HSMP Sep 2006 (Hence comes under JR review policy April 2006 to Nov 2006)

2) Got married in December 2009.

3) Both me and my wife passed 'Life in the UK' exam in Jan 2011.

I applied for ILR through PEO in Feb 2011 for me and my wife. The officer who processed my application rejected saying that my wife has not completed 2years stay in UK. Then I requested to process my part of the application alone to which the officer agreed and granted ILR only for me. I was provided a partial refund of £350 out of £1600 for the same. The same officer advised that I should apply FLR(M) for my wife as soon as possible. So within a week I applied FLR(M) for my wife and got the same.

Please note in ILR application I mentioned as application category as 'Highly skilled migrant' rather than mentioning the category as 'HSMP Judicial Review' because I thought only HSMP judicial review covers exemption to 'Life in the UK' test which we've already completed.

I was shocked when I recently came to know that ILR application category 'HSMP judicial review' covers for dependent (i.e. my wife), this is dependent status will be the same as principal applicant's (i.e., myself) status. Hence my wife should have got a ILR rather than FLR(M). I'm regretting a lot now, could someone please advice what should I do now,

1) Whether I can appeal the decision made on my ILR application?

2) Whether make a separate ILR application for my wife?

3) ?

Please reply to me as soon as possible.

Thanks,
JJ_2011

[geriatrix]

Not surprising!.

Then I requested to process my part of the application alone to which the officer agreed and granted ILR only for me.

Since you did not pay for your wife's application, did not let UKBA process your wife's application (and formally refuse it), there is no question of appealing (something that was never paid for, processed and refused).

Your wife is eligible for settlement, so she may apply. Given your past experience, it may be a good idea to consult / hire a competent OISC registered immigration advisor / solicitor to act on your behalf.

[gidoc]

I agree with Sush.
I have posted many times here that HSMP JR is quite clear as regards dependent's visa but often case workers are not aware of this rule, hence the need to have the document with you when you interview.
As Sush suggests, you need to apply again.

[hellog123]

Sorry to get a further clarification on this topic.
In this case the spouse didn have enough stay i.e less than 2 years. So u mean that Under HSMP JR the spouse would get the ILR irrespective of the stay, subject to the approval of main applicant?

An urgent reply would be really appreciated!

[xyz123]

Not surprising!.

Then I requested to process my part of the application alone to which the officer agreed and granted ILR only for me.

Since you did not pay for your wife's application, did not let UKBA process your wife's application (and formally refuse it), there is no question of appealing (something that was never paid for, processed and refused).

OP- Do you have the receipt of refund given to you? That can help prove that you applied for both at the same time and upon caseworker's advise you withdraw your dependant's application. This alone does not 100% prove but if you are desperate to appeal it could help.

No harm in writing a complaints letter / appeals letter to UKBA outlining these circumstances. If they insist on a "no" then u may wish to take it further with a solicitor but for the cost of a recorded delivery, its worth sending a letter.

[gidoc]

In this case the spouse didn have enough stay i.e less than 2 years. So u mean that Under HSMP JR the spouse would get the ILR irrespective of the stay, subject to the approval of main applicant?

Yes, dependants follow status of main applicant, irrespective of the length of their stay in UK.

[nehalbhagat]

Hello Friends,
I am seeing more and more cases everyday where dependent visa denied of HSMP (JR) applicant.

Are we able to write or email to UKBA about caseworkers are not following mentioned guidelines ?

It is confuse me when HSMP(JR) applicant states they passed Life in UK although this is not requirement for ILR.

Sush Madam,What you suggest ? Please can you advise ?

[hellog123]

Yes we should bring this notice to the senior members and moderators that we should file a formal petition that all case workers should be properly educated about the provisions covered under the Judicial Review.
Also I think the SET(o) form is really ambiguous and covers a little about HSMP JR.....

[jj_2011]

Hi All,

Thanks for taking interest in my case.

Yes, I've a receipt for the refund and I've not claimed the refund amount yet.

I'm getting more confused because I spoke with someone at home office enquiries (0870 606 7766) and they insisted that my Wife is [b]NOT[/b] eligible for settlement under HSMP JR as I was not married when I got HSMP back in SEP 2006 (does sound funny). Also the home office enquiry advisor added that when my wife came into this country after marriage in Dec 2010 she was a Tier 1 General Dependant so she will not be eligible for settlement as per HSMP JR.

I saw one of your comments advising to raise a complaint or an appeal, could you please let me know the address details for the same.

[neel]

Hi,

I will be eligible to apply for settlement under ILR JR (as my initial HSMP was approved prior to Nov2006 ) in two weeks time. However When I spoke with UKBA customer services 0870 606 7766 regarding Life in UK test, she said it is not required only for the main applicant but it is required for any depedant aged 18years or more.

It came to me as a last minute surprise for us. Any of your dependants got the ILR under ILR JR without having to write Life in UK test recently ?

Thanks.