Wife visa & kids qualification with new laws

[Peepa]

Hello

I will be applying ILR on the basis of 10 years long residence, I came to uk on 13 July 2002 and will be applying in a week because waiting for my passport to be renewed.

I have question regarding my wife & 2 kids. I know the fact that my Kids can apply for as a registration for uk citizen and both was born in the uk but once I get my ILR, what visa my wife can qualify ??

She came to uk on September 2008 and still on the tier 1 dependent visa expiring on October 10th. Problem is she is out if the country for more then 6 months due to my parents health and staying with them back home to look after them.

Please advise if I didn't get my ILR until her visa expire what visa she can apply ? And also new changes starting from 9th July will effect on her status or something ???

Many thanks.

[geriatrix]

Will your wife be returning to UK before you are granted settlement (on her current leave), or after you are granted settlement and/or after her current leave expires?

[Peepa]

Will your wife be returning to UK before you are granted settlement (on her current leave), or after you are granted settlement and/or after her current leave expires?

After i get my ILR then she will come back to the UK .... because my kids are still with my wife and they did not have visas on their passports, so my thoughts was to get them done the Registration as a British citizens back home.

But if i did not received my ILR before my wife leave expires then obviously i will have to apply for her visa as a dependent again.

Please guide.

Many Thanks

[geriatrix]

1. Settlement visa as a spouse of a settled person.
2. In general, any application for entry clearance submitted after 09-Jul-12 will be subject to the new rules being introduced.

That said, given that your wife holds current leave as a dependant which is valid until Oct. 12, if she applies for entry clearance before expiry of her current leave she may (possibly) be subject to the current rules even if an application is submitted after 09-Jul-12. The local VAC/BHC may not accept an entry clearance application without the applicant providing documentary evidences in line with the new rules and associated policy but, if she applies for entry clearance before her current leave expires, it may be possible for you to argue (as and when the time comes) that your wife is subject to the "2 year probationary period" with regards to settlement because she has held "continuous leave" since applying for entry clearance as a dependant in 2008.

Immigration rules 319E will be changed on 09-Jul-12 as described in paragraphs 94-98 of this document, and I quote:

(i) If the applicant was granted leave as the Partner of the Relevant Points Based System Migrant under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of the Relevant Points Based System Migrant, the specified period is at least 2 years.

The rules does not specify that "continuous leave" can only be through a leave to remain (in-country) application, and hence leaves it open to interpretation that "continuous leave" could also be through a entry clearance application before expiry of current leave. The basis of (personal) opinion!

Therefore, IMHO, your wife will have nothing to lose (but only gain, possibly) if she applies for entry clearance before 10-Oct-12.