Regarding PR for a friend's wife -Urgent help requested

[singha6]

Hi All,

I need the great forum help again.

My Friend he got his PR last year & his wife & Children at that time were in India ( although her wife & children did visited UK in 2006 & stayed in UK for almost 1 year till 2007 (as HSMP-dependent) (& also they came for a short 1-2 months stay in 2008 ) - but after that his son got ill & his wife & children went back to India to stay there and since then they came now last month 2011).

His wife is on Tier1 dependent Visa right now (which my Friend made it re-new last year before he done his PR)-so i think its valid till next year.

My friend's Citizenship is in 3 months time from now & he wants to apply PR (PR-dependent) for his wife & children before he gets his citizenship - so that he can apply their citizenship's along with his own.


He is married for last 15years and was also frequent flier to India to visit his family (4 times a year).

Please advice on below:-

1.) Is his wife & children eligible to apply for PR (PR-dependent on his PR behalf) from with in UK?

2.) If yes, then which form to fill? ; &

3.) If not then what's the best way to go forward?

4.) Also, if she is eligible to apply for PR, then will she & children will also be eligible for citizenship along with my friends Citizenship? ;&

5.) If not, then when can she apply for her citizenship & children citizenship on my friends behalf ( i mean will they have to wait 1 year or not? - after my friend gets his citizenship )


As per below link & point number 281 b(i) - i think his wife & children are eligible to apply for PR-dependent Visa - But I am not sure (as they came to Uk after say about 2years & have not stayed too long in UK) - So please advice further.

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

If above link is not the correct one - please guide towards the correct link.

Many thanks for all your kind help

Best regards

[geriatrix]

PR is settlement under EEA regulations. Under UK immigration laws, settlement is referred to as ILR.

Your friend's wife and child are lucky to have been allowed entry as Tier 1 (General) dependants, given that the main migrant is now a settled person. They could have been refused entry under 321A(1). If they wish to travel again, they should keep in mind that an IO can refuse entry.

1. I don't think so.
2.
3. Switch to FLR(M), and then apply for settlement as and when eligible (under current rules, after 2 years).
4.
5. One cannot apply for naturalisation unless one is granted ILR.

When and where was the child born?

[singha6]

Hi Sushdmehta,

Hope you doing well.

Thankyou for your prompt reply; & sorry for me replying you late, got busy in helping another friend who was hospitalized.


Below are the details of my friend's wife entries to UK:-


1.) 1st Entry from India on 18/06/2006 , Visa Valid from( 01/06/2006 - 16/02/07, Stamp- IND(WP)-VISA WORK PERMIT DEPENDENT)


2.) Extended in-country (2nd Visa) from (22/02/2007 - 02/2008, Stamp - U.K(WP),WPUK Moorfoot,Limited leave to Remain)

3.) Extended in-counrty (3rd Visa) from (26/05/2007 - /05/2009, Stamp - U.K.(HSMP),WPUK Moorfoot, Limited leave to Remain)


Back to India on 26/06/2007, Stayed in UK for 1 yr & 7 DAYS.


4.) 2nd Entry from India (On Vaild 3rd Visa-as mentioned above in 3rd Point) on 23/05/2008 & went back to India on 24/06/2008, stayed in UK for 1 month only.


5.) 3rd Entry from India on 05/06/2011 (which is on 4th Visa - applied in India) from (09/11/2009 - 01/11/2012), Stamp - IND(HSMP ext)VISA TIER 1 (GENERAL) PARTNER.


6.) Same above dates goes for Children (Girl - 11year & Boy 9 year), both born in India.


So, as per the above entry dates & stay & number of Visas, is not his wife eligible to apply on SET(M)?

If we consider below points,then I believe she is eligible to apply on SET(M) form, Please throw some light on it & guide us further :-

281 (b) (i) (Can this case come under - 4 years criteria mentioned in below link?, as they are married for more then 15 years now & Lived in India together for 10year+)

http://www.ukba.homeoffice.gov.uk/polic ... _partners/


Please also check point numbers:- 2.6 & 2.7 (IMMIGRATION DIRECTORATE INSTRUCTIONS - Chapter-8 Family Members)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Many thanks for all your kind help.

Best regards,

[geriatrix]

1. As per the dates posted, it seems that the wife and children have "lived" in the UK for approx. 14 months only (in approx. 60 months) since their first entry in the UK on 18-Jun-06.

2. The family members entered UK in 2011 after a 3 year gap and that too on leave granted outside UK (entry clearance application in 2009).

3. And most importantly, it seems that between 05/09 and 11/09 no one had any leave to enter / remain in the UK. In other words, no permission to enter, live or remain in the UK!


281(b) doesn't apply.

the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom

[singha6]

Thank you Sushdmehta for guiding further.

Will follow the FLR (M) route.

Best regards