Urgent information needed

[soskumar786]

Hi,
I was granted work permit visa in Aug, 2007 for 5 years. Work Permit visa is valid till Aug, 2012. I entered UK in Aug 2007 with my husband who is on HSMP visa.
We have been living in UK and working here. In March, 2012, I was made redundant so I had to switch to a dependent visa (dependent on Tier 1 visa).
Now my husband is eligible to apply for ILR in May, 2012.

What about me ? Can I also apply for ILR since I have been in this country for 4 years and 10 months and currently I am on a dependent visa ? I believe I satisfy all the conditions mentioned in Immigration Rules on UKBA website section 319 E.

Please suggest.

[geriatrix]

What about me ?

Include yourself as a dependant in your husband's settlement application. Provide documentary evidences of cohabitation for at 2 years.

[soskumar786]

Thanks sushdmehta.
I posted this question since we did exactly the same. I included my name as dependent and all the evidence of cohabitation including my bank statements and pay slips.
We booked a PEO appointment at Croydon office last Thursday but the person who checked our documentation, refused to accept our joint application and suggested that I am not eligible since I have not spent 2 years on dependent visa.
My husband got his ILR and I have been told to apply for FLR(M) and only after 2 years I can apply for Settlement.
I don't think the clock should restart if I have switched from Work permit visa to dependent visa. My 4 years 9 months stay here should not be ignored.

Is there anything I can do ?

[geriatrix]

The person who advised you ... that you were not eligible ... was wrong.

Since you withdrew your settlement application on (verbal) wrong advice, I don't think there is a legal recourse you can take to apply for settlement now. You may wish to consider consulting a solicitor for any possibility on this.

If there is no possibility of the above, then you should switch to FLR(M) leave before your current leave expires or before you travel outside the Common Travel Area (whichever is expected to occur first). You'll then be eligible for settlement as and when you complete 2 years in the UK as PBS dependant + spouse of a settled person / British citizen.

[vinny]

See also here.

[soskumar786]

Thanks sushdmehta and Vinny for the reply. I am now feeling extremely disappointed and gutted. This is what happened :
While we were waiting there for my husband's application to be processed, we consulted our friend who is also an Immigration advisor. He stated section 319E of the immigration rules and we also got convinced that our joint application was right.
We immediately made our case worker aware of this and she said she will consult with a senior case worker. Finally another woman officer came and said the same thing - that I am not eligible. We asked her if we can meet her supervisor and discuss. Then after some time a young guy came and said he is a senior case worker. He said that his staff is right as they know the rules much better than us.
We requested him to at least read the section 319 E but he refused. He later agreed to forward my case to the Policy team in London for further guidance.
I am supposed to get a reply from them tomorrow i.e. 21st May, 2012.

Is there anything I can do except consult a solicitor ?

[vinny]

Wait and see. Hopefully, the policy team will correctly interpret the rules.

[geriatrix]

If they do call and tell you that they were right in advising you so, insist on getting their response in writing. Unlikely that they will .... but do try.
And, if you do not have the name and designation of the "senior case worker", try to get hold of that.

[soskumar786]

Thanks sushdmehta and vinny for your guidance.
I did not give up and kept on persevering my case and I also refused to fill up FLR(M) form.
Finally the senior case worker from Croydon got back to me and agreed that it was a mistake at their end. He gave me an emergency appointment for last week and approved my ILR application.
I received my Biometric card today Let the celebrations begin.

Thanks once again.

[geriatrix]

I was remembering you the past few days wondering whether you had not posted because you were too happy with the newly acquired settled status or whether you were too sad as a result of a refusal.

Happy for you!


BTW, did they call after your first appointment as they had promised? And were they consistent in making follow-up calls? Or did they give you contact details of a CW / appropriate staff member and you were the one chasing up?

[soskumar786]

Thanks
Initially I was chasing them up everyday but once they realized their mistake, they were good in following up with us and making arrangements for my face to face appointment.
They also forwarded my case to a SCW who met us when we went there and he did all the paperwork too.