ILR dependent query

[nocturne103]

Hi guys

New to the forum and will be applying for ILR in August 2012 (currently on work permit). I had a dependent query and was hoping for some assistance/advice.

My wife is also on a work permit but only qualifies for ILR in Sep 2013 so I am looking to add her as a dependent on my application form. However, the issue is that we are currently not living in the same house because the company she works for is about 150miles away from where I work so living together isn't really an option. We have been married since June 2010 (got married in the UK after taking permission from the home office).

I wanted to know whether not living together will have an impact on her getting ILR as a dependent? I would imagine the home office consider this on a case by case basis and, given our work situation, its just not possible to live together. This is one of the main reasons why I'm adding her as a dependent so that she will be able to find work nearer to where I live without work permit restrictions.

Thanks

[manyaonisland]

If your wife has her own work permit then i doubt whether she will be qualified to apply as your dependent when it comes to ILR. Also if she apply as dependent then co-habitation needs to be proved.

[vinny]

You cannot just add her as your dependant in your ILR application, unless she has entry clearance as your work permit dependant from her own country.

They may also require proof that you have a subsisting marriage.

[nocturne103]

Thanks for the response guys. So what options do we have apart from waiting till 2013 for her to her own ILR?

[geriatrix]

New to the forum and will be applying for ILR in August 2012 (currently on work permit). My wife is also on a work permit but only qualifies for ILR in Sep 2013 so I am looking to add her as a dependent on my application form.

You cannot, as she is not in the UK as your "dependant". If you wish to include her as a dependant in your settlement application then she must apply for entry clearance from outside the UK as a dependant.

The current settlement application form specifies that evidence(s) of cohabitation must be provided when a dependant is included in the application. This said, I think caseworker discretion may be possible in such cases (living apart due to employment in different cities) if you can provide convincing evidence(s) of subsisting relationship. Such evidence(s) can be varied depending on specific circumstances of the applicants (e.g. - holidays together, evidence of commuting between the cities and other evidence(s) to help prove short trips / stays together, etc.). This said, do note that whenever caseworker discretion is involved there is always a risk of refusal.

[nocturne103]

New to the forum and will be applying for ILR in August 2012 (currently on work permit). My wife is also on a work permit but only qualifies for ILR in Sep 2013 so I am looking to add her as a dependent on my application form.

You cannot, as she is not in the UK as your "dependant". If you wish to include her as a dependant in your settlement application then she must apply for entry clearance from outside the UK as a dependant.

The current settlement application form specifies that evidence(s) of cohabitation must be provided when a dependant is included in the application. This said, I think caseworker discretion may be possible in such cases (living apart due to employment in different cities) if you can provide convincing evidence(s) of subsisting relationship. Such evidence(s) can be varied depending on specific circumstances of the applicants (e.g. - holidays together, evidence of commuting between the cities and other evidence(s) to help prove short trips / stays together, etc.). This said, do note that whenever caseworker discretion is involved there is always a risk of refusal.

So basically the only way forward is for her to quit her job next year, go back to her country of origin and apply as a dependent once I have my ILR?

[nocturne103]

Any advice guys?

Is it possible for her to go back to her country of residence and get her visa switched to a dependent visa under my work permit before I apply for ILR?

My understanding is that the 2 year cohabitation rule does not apply as I'm on the old style work permit (issued in July 2007) and not tier 2.

Am I missing something here?

Thanks

[nocturne103]

Any help guys, especially the senior member/moderators?

[vinny]

Possible (196D).