ILR FOR DEPENDANT AS PRE HSMP JUDICAL REVIEW

[jigneshpatel]

HI

I had applied for HSMP on 25th Jan. 2006 means prior to 3rd April 2006 and I got approval on 18th April 2006.

I got visa on 12.06.20006
Enter in UK - 19.7.2006 with My wife
I got extension for 3 years
My son born - 3 years ago in UK
and as per HSMP Judical review I am eligibale for ILR after 4 Years
Now problem is

I applied for ILR 24.3.2011
I got ONLY MY ILR on 24.5.2011

but for my wife and son Home office Issued Limited to remain visa for 3 years UNTIL MAY 2014. They took dicission under the provison of "Home Office Policy Instruction On Discretionary Leave & Reason is not covered by the Immigration Rules."

My wife enter in uk same time with me & she was out for uk (13+92+10+17+10) = 132 days and for depedants judical review point no. 29 shows " THE IMMIGARTION STATUS OF DEPENDANTS OF MIGRANTS IN THE CATEFORIES COVERED BY THIS POLICY WILL FOLLOW THAT OF THE PRRINCIPAL APPLICANT"

We havn't use any Public Fund or No Criminal Record

Please can you advice me what can I do for this ? Why home office took dicission on DISCRETIONARY GRANT OF LEAVE TO ENTER / REMAIN.

Please reply me because here we have visa so there is no right of appeal aswell.

Anybody have same problem like this or before ?
Please give me advice to get ILR stamp for my spouse, Thank You

[gidoc]

They took dicission under the provison of "Home Office Policy Instruction On Discretionary Leave & Reason is not covered by the Immigration Rules."

Best to call your case worker/ UKBA and speak to them to clarify, as this is quite unusual.

[geriatrix]

Given the information posted, IMHO, the decision is not in accordance with the law(s).

1. Son - The decision notwithstanding, the UK-born child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

2. Spouse - Follow gidoc's suggestion (best if you can get through to the caseworker). Also, consult a competent solicitor to explore possible course of action (legal or other) to have UKBA rectify their "unlawful" decision.

Has the caseworker sent you a letter stating the reason(s) as to why your spouse and child have not been granted settlement .... but discretionary leave instead?

[jigneshpatel]

Hi sushdmehta

Thanks for your reply

No case worker didnt send any letter for the reason but in Letter show " THESE NOTES ARE FOR INFORMATION PURPOSE ONLY AND DO NOT CONVEY A GRANT OF LEAVE"

DISCRETIONARY GRANT OF LEAVE TO ENTER/REMAIN[/b]

Your application has been considered and due to your particular circumstances, it has been decided that the Secretary of State's discretion should be exercised in your favour. You have therefore been granted limited leave to enter or remain in the United Kingdom for a reason not covered by the Immigration Rules.

Have you any idea in which circumstances they will took dicision like this?
I try to call Home office but they told me if i want to know reason than i have to write a letter to them. Now i am going to write letter to them.

Have you any idea if i want to see case worker personally how can i ?
Please reply

[gidoc]

Have you any idea in which circumstances they will took dicision like this?

Perhaps Sush or Vinny can confirm if they have come across something like this before, I havent seen it.
As Sush says, this is highly irregular and perhaps they have missed something in your documents.
Writing a letter is the way forward, you already have had extension of leave so need to worry for now.

[khalidmirza]

HI

I had applied for HSMP on 25th Jan. 2006 means prior to 3rd April 2006 and I got approval on 18th April 2006.

I got visa on 12.06.20006
Enter in UK - 19.7.2006 with My wife
I got extension for 3 years
My son born - 3 years ago in UK
and as per HSMP Judical review I am eligibale for ILR after 4 Years
Now problem is

I applied for ILR 24.3.2011
I got ONLY MY ILR on 24.5.2011

but for my wife and son Home office Issued Limited to remain visa for 3 years UNTIL MAY 2014. They took dicission under the provison of "Home Office Policy Instruction On Discretionary Leave & Reason is not covered by the Immigration Rules."

My wife enter in uk same time with me & she was out for uk (13+92+10+17+10) = 132 days and for depedants judical review point no. 29 shows " THE IMMIGARTION STATUS OF DEPENDANTS OF MIGRANTS IN THE CATEFORIES COVERED BY THIS POLICY WILL FOLLOW THAT OF THE PRRINCIPAL APPLICANT"

We havn't use any Public Fund or No Criminal Record

Please can you advice me what can I do for this ? Why home office took dicission on DISCRETIONARY GRANT OF LEAVE TO ENTER / REMAIN.

Please reply me because here we have visa so there is no right of appeal aswell.

Anybody have same problem like this or before ?
Please give me advice to get ILR stamp for my spouse, Thank You

I was disappointed with the decision on your ILR for family. To me it looks some mix up on your wife name which in their data base may not clear it from security point of view. Discretionary leave is given when there is something not clear or if applicant ever had problems with immigration or asylum applications. I suggest you first write to to UKBA and get reason of refusal in writing. Solicitors will be needed if you know the cause otherwise you will be charged by solicitor with out any success. Under freedom of information act you can ask for reason yourself. I am sure it is some mix up and you will have ILR for your wife

[geriatrix]

Applied for HSMP on 25.01.2006 means prior to 3rd April 2006
Got approval on 18.4.2006.

I got visa on 12.06.2006
Enter in UK - 19.7.2006 with my wife
I got extension for 3 years

As per HSMP Judicial review I am eligible for ILR after 4 Years
I applied for ILR 24.3.2011
I got ONLY MY ILR on 24.5.2011

But for my wife and son Home office Issued limited to remain visa for 3 years UNTIL MAY 2014. They took decision under the provision of "Home Office Policy Instruction on Discretionary Leave & Reason is not covered by the Immigration Rules."

My wife enter in UK 19.07.2006 (Married last 7 years)
But she went out of UK (13+92+10+17+10) = 132 days

Quotation is???

Is it same condition is going to apply for qualifying period for my dependant? Like

1. No more than 180days outside of uk within 4 years
2. No continuous stay out side of uk 90days

Because She got only 3 Years Limited to remain DISCRETIONARY GRANT visa instead of ILR
Home office didn’t mention why they took decision like this due to Immigration rules.

I was trying to understand Home Office guide line but its not clear guideline about depedance qualifing period of ILR.

Please can you guide more clear what is the teams & conditation for HSMP dependant to get ILR ??

Thank you in advance for your reply - Jignesh Patel

Your dependants are not "HSMP dependants" anymore. Since being granted discretionary leave (DL), terms of conditions of HSMP JR policy no longer applies to them - unless you prove that UKBA's decision to grant them DL was not in accordance with law.

The qualifying residential period for settlement for someone on DL is 6 years. AFAIK, stay in UK prior to being granted DL is not considered in the qualifying residential period.

A person will normally become eligible for consideration for settlement after completing six continuous years of Discretionary Leave.

Options:
1. Consult a competent solicitor for legal advice regarding your wife's case.
2. Check if your wife can switch to FLR(M). This way, your wife may qualify for settlement earlier than 6 years. If switching is not allowed, then she should consider returning to home country to apply for settlement visa.

As for your son, as mentioned in my first response in the topic, apply for registration as British citizen

[vinny]

Did your wife have valid leave as your dependant when she applied with you?

[jigneshpatel]

Hi sushdmehta
Thank for your reply once again

You are right about DL but first I want to make sure when I applied for ILR that time which terms & condition was applied to my dependant.

I went to see solicitor and he told me £500 charge to write letter to HO.
Before I want to go further I want to make sure from my side when we applied that time is she eligible ILR or not? Because she went for India 93 days continuous after her delivery.

Can you clear this for me please?
Is this conditation to my dependence swell when we HAD application 2 moths ago?

1. No more than 180days outside of UK within 4 years
2. No continuous stay out side of UK 90days

If above condition is applied to them than its simple they can't get ILR but if above condition is not applied to them than defiantly they are eligible and I can go thro solicitor.

For my baby lawyer told me at the time of Birth if parents on ILR than baby are eligible for registration as British citizen but he born in UK 3 years ago and than after I got ILR in current so he has to go for ILR and than after he can apply for Citizenship.

Please reply once again

[jigneshpatel]

Hi Vinny

Yes, my wife wife valid leave as your dependant when she applied with me

[geriatrix]

Is this conditation to my dependence swell when we HAD application 2 moths ago?

1. No more than 180days outside of UK within 4 years
2. No continuous stay out side of UK 90days

Only the principal migrant is subject to these conditions, not the dependant. e.g. - see also Ambassador's success.

2) My wife is not living continuously with me for the last two years. She lived with me in UK for 3 years, then was absent from UK for 1 year and then again she is living with me for the past one year.

Don't go to the same solicitor who told you that it was must for your UK-born to be included in your ILR application. He was wrong!