ILR Application for Dependent-- Urgent

[adi_khaneng]

Hi There

I will be applying for ILR under Tier 2 (Gen) - SET(O) in June 2012. The question is with regards to my wife (dependent) application. My wife visa was granted on 29th June 2010 but she delayed her entry and eventually came to the UK on 17 September 2010. I appreciate that the dependent has to spent 2 years in the UK.

I am planing to apply on the 22nd of June 2012 at Solihull PEO. I have called UKBA several times and the answer to the above query was that she should be OK as she traveled within 3 months of visa being granted to her. The UKBA adviser confirmed that I can include her on the same application as the caseworker will count the time from the visa being issued if she entered before 3 months.

She delayed her entry due to personal reasons and we have got proof letter i.e. supporting documents for that. MP will also be writing us a supporting letter. Does this help?

I don't want to waste money, as from this forum; Solihull seems to be the best option for us because they decide first and then take money.

Please help. Many thanks
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[adi_khaneng]

Any one please!!!

[umeruzair]

By the looks of your case it's within 3 month window and also you have all the supporting documents so it would not be a problem. I would suggest don't post your application and go to PEO where you can explain things and support your application.

Good luck

[adi_khaneng]

Thanks umeruzair for your response. i am assuming the same case then apply to dependents i.e. (3 months delay entry). Though its not written in any immigration laws.

I will be going to the PEO.

[Greenie]

when do your visas expire?

[adi_khaneng]

My Tier 2 (Gen) visa expires on 16 July 2012. I am looking to book an appointment for 22nd June 2012 at Solihull PEO.

[adi_khaneng]

Anyone with more insight please.

[vinny]

I am planing to apply on the 22nd of June 2012 at Solihull PEO. I have called UKBA several times and the answer to the above query was that she should be OK as she traveled within 3 months of visa being granted to her. The UKBA adviser confirmed that I can include her on the same application as the caseworker will count the time from the visa being issued if she entered before 3 months.

It's better if you can get the UKBA's confirmation in writing, as their Guidance doesn't appear to be applicable to dependants.

[adi_khaneng]

I am planing to apply on the 22nd of June 2012 at Solihull PEO. I have called UKBA several times and the answer to the above query was that she should be OK as she traveled within 3 months of visa being granted to her. The UKBA adviser confirmed that I can include her on the same application as the caseworker will count the time from the visa being issued if she entered before 3 months.

It's better if you can get the UKBA's confirmation in writing, as their Guidance doesn't appear to be applicable to dependents.

I have already tried this. The customer advisor pointed out Chapter 6A - Settlement under IDI. He said point 5.2 states for the main application though the requirement for the dependent is for 2 years. If she has entered UK within three months of her visa being granted then the case worker should apply the discretion.

He advised me to take a printout of the document. I am confused as the document only states for the Main applicant.

I have booked an appointment at Solihull for SET(o) with 1 dependent and have booked another appointment for FLR(M) after 3 hours of my application time. I hope they do consider my wife application with my SET(0) application.

Please share your thoughts. Many thanks

[adi_khaneng]

Hi Vinny

Below is the reply from UKBA.

Dear Mr Khan



Thank you for your email.



Dependant spouses/partners of PBS migrants have to meet the requirements of paragraph 319E of the Immigration Rules to qualify for ILR. Where the applicant meets all the requirements for settlement except for the requirement to have completed the probationary period of two years, before the expiry of their leave, caused by a delay in travelling to the UK for a period of up to three months, discretion may be applied.



However, cases are considered on a case by case basis in accordance with the Immigration Rules and it is down to the deciding officer to determine whether it is appropriate to exercise discretion.



As a policy team we cannot give assurances or bind casework to what decision they must make.



You may find the information in our caseworker guidance at the following link helpful: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Regards

[adi_khaneng]

Anybody got any idea. Please help.

[geriatrix]

I will be applying for ILR next month under Tier 2 (Gen) SET (O). I will be putting my dependent on the same application though she hasn't completed 2 years here. Her visa was issued for 2 years and 17 days as a dependent of tier 2 Gen dependent and she delayed her entry due to personal reasons (we can provide evidence for this). Though she travelled with in the 3 months on her visa being granted. I have asked UKBA that the 3 months delayed entry rule will be applied to her and they said yes. Please check my previous posts.

http://www.immigrationboards.com/viewto ... ht=#641304

Now my question is I am going to Solihull my case is straight forward. Will I be given choice to with draw my wife as my dependent from the same application before the decision is made so I save a payment for my dependent or the case worker can reject mine application as well.

I have also booked FLR(M) on the same day. Please advise. Many thanks

[barker]

Hi,

I applied as a Tier 1 G dependent of my wife when she submitted her application for ILR on the 16 April 2012. My visa was issued 0n 13 March 2010 and I entered on the 5 May 2010. The CW said that the 28 day rule does not apply to dependants and said she cannot grant ILR. They offered to hold the application till the 5th May and then consider it.

When we told her that we had checked with the help line she said that the decision is theirs alone and what is quoted by the helpline is not binding.

I would advise that you also book in an appointment for FLR M for your wife later on the same day. Check with the PEO when you enter if she would be eligible for ILR and if not submit her file for FLR M on the same day.

[geriatrix]

adi_khaneng,

What date is your 5th anniversary in the UK in an immigration category that qualifies for settlement?

[adi_khaneng]

Hi sushdmehta

My anniversary date is 16july 2012. I am applying on the 18th June at Solihull PEO.

[geriatrix]

That's 93 days short of completing 2 years in the UK, on the date of your appointment at the PEO.

Since you are going to Solihull PEO, where one is asked to make the payment only after a UKBA staff / CW has assessed the application, there is no harm in printing off two SETO) forms - one with your spouse included as a dependant and one without. Use the form with both of you named in it, and if the UKBA staff / CW tells you she does not qualify and is also not ready to defer your applications (you and your wife's) till such date that your wife becomes eligible (17-Sep-12), replace the form with the one (that does not include your wife as dependant).

As I have said here, it all depends on how UKBA staff / CWs interpret the relevant rule individually (and the response from UKBA you've received suggests the same as well) .... but since you are going to Solihull PEO you have the advantage of "testing your luck".

[adi_khaneng]

Hi All

I am in the process of finalizing my application which is on Monday at Solihull PEO. I am taking two set of forms (please read above for the reason) i.e. Myself+ 1 dependent and Myself only.

Kindly request all to check if I have the right paperwork and is not missing anything as part of the documentation.

1). Completed SET(O) application forms.
2). Two passport size photos for Main and dependent
3). Passports (Current and Previous)
4). Employer letter confirming the SOC code and rate of pay.
5). Salary slips authenticity letter from the Employer
6). Company takeover letter from the Employer
7). Life in the UK Test result (Main + Dependent)
8 ). Pay Slips for the last 3 months (carrying more if needed)
9). P60s for all five years (if needed)
10). Cohab Doc from 2010, 2011 & 2012. (3 Documents from each year).

Copies for all the above documents.

Also If my dependent is rejected due to the above reason FLR(M) application is booked for the second half of the day.

Addition documents for FLR(M)
1). FLR(M) application form.
2). IELTS test results
3). Marriage Certificate
4). Cohab Documents as above.

I hope this is what I required for the day and hope that UKBA considers my dependent case along with my SET(o) application.

Many thanks

[adi_khaneng]

Dear All


ILR SUCCESS for Both of Main and dependent Applicant.

My application at Solihull yesterday was successful with my dependent. The caseworker (a very nice lady) took 10 mins for the whole process. I had copies of all my listed documents.

I was worried about my wife because she was short on 2 years by 91 days in the end due to late entry in the UK. But by grace of Almighty Allah its all sorted now.

Thanks to All the forum Member.

[geriatrix]

Happy for you.

Goes to show how individual interpretation of the immigration rules and/or policy by caseworkers can influence the outcome of applications.

barker's application at Croydon PEO was deferred even though he was 20 days short in completing the 2 year period.
your dependant's application at Solihull PEO was approved even when short by 90+ days!!