Dependant of HSMP-JR (just arrived UK) and applying ILR

[ach]

Hello there

I have a quick query on above. I was on Tier 1 Extended HSMP pre 07/11 subject to Judicial Review RULES.

I have been on HSMP-Pre 07/11/2006 visa then extended to Tier 1 Gen. ILR due 24.12.2011.

After getting married I have applied for my Dependant and she secured it in November 2011. She arrived uk on 28 Nov 11.

It was tricky situation for my dependant,

Now we have applied for SET(0), we had no proof of 2 years stay for her (dependant). But i have seen in this forum that 2 years rules are not applicable to dependant of HSMP JR rules. Therefore we have not applied for her extension on a seperate FLR (M) form.

I am not sure if she can secure her ILR, if not then;
1. Can she extend her visa on FLR(M)
2. Can you advise on the english language requirement - does she require that in that situation - (not life in uk) but ielts or a1/b1 etc.

Ps. For HSMP JR decision life in uk is exempt


I look forward to hearing from you in due course.

Many thanks for your time in advance.

Ach

[geriatrix]

I have been on HSMP-Pre 07/11/2006

I am not sure if she can secure her ILR

As explained earlier, from a legal point of view, she must be granted ILR. If she is not, then do appeal if she is given the right of appeal. In absence of right of appeal. apply for JR without delay.

Bottomline - she cannot be refused ILR for "not "having lived with you in the UK for at least 2 years"! If UKBA doesn't grant her settlement, a judge will!!

[ach]

Thanks once again Sushd

Sorry to be a trouble i just wanted to clarify 2 things;

1. Will you refer us to any one who can handle the appeal or JR for us (in case).

2. Just out of interest - can you tell me if english language test is required for FLR (M)? I heard from Nov they have new rules on extension of spouce/dependant.

Many thanks for clarifying the above.

Take care

Ach

[geriatrix]

1. I don't know any.
2. Read this topic.