Can my wife apply for ILR at the same time

[redbuta]

Hi all,
I'm going to apply for ILR this December (Work Permit + T1 General = 5 years).

My wife has been living with me since 2008 and we got married since 2009. The marriage status is registered and shown on the Police Registration Certification at that time.

However she was still on her own work permit until December 2010 when made redundant and switched to T1 G dependent visa. The dependent visa is an "Entrance Clearance" issued Feb 2011.

Can she apply ILR at the same time, or we'd better wait till Jan/Feb 2013?

Thanks for your advice!

[harv]

Your wife needs to apply for an FLR at the same time as you. Once she has FLR she can apply for ILR straight away because she has been living in the UK as your dependent and wife for more then two years already.

In terms of how you need to apply for FLR i.e. at the same time or once you have your ILR I do not have an answer for that. Other members of the board should be able to help. However I am pretty sure you will need FLR before you can get ILR.

[redbuta]

Thanks for your help!

If I wait till Feb/Mar 2013 when her dependent visa is more than 2 years, does she still need FLR, or she can apply for ILR at the same time with me?

Your wife needs to apply for an FLR at the same time as you. Once she has FLR she can apply for ILR straight away because she has been living in the UK as your dependent and wife for more then two years already.

In terms of how you need to apply for FLR i.e. at the same time or once you have your ILR I do not have an answer for that. Other members of the board should be able to help. However I am pretty sure you will need FLR before you can get ILR.

[harv]

She needs to change to FLR as soon as you have ILR. After that she can wait to make the two years and get the ILR.

The problem is in the process itself. Since she was here on a non settlement VISA (dependent of a non settled person), she needs to apply for a VISA that allows her to settle first and then for the ILR.

It is kind of a money making process.

[redbuta]

Hi harv,
Thanks again.

I was told by a friend whose wife had a T1 General dependent visa that they both got ILR with T1 G and the dependent visa at the same time.

In that case is T1 G dependent visa a settlement visa?

She needs to change to FLR as soon as you have ILR. After that she can wait to make the two years and get the ILR.

The problem is in the process itself. Since she was here on a non settlement VISA (dependent of a non settled person), she needs to apply for a VISA that allows her to settle first and then for the ILR.

It is kind of a money making process.

[asim72]

Please totally ignore what harv has advised. What harv has posted would be correct if your wife was your (PBS) dependent, and your applied for ILR under 10 years long residence rules (because you may have clocked 10 years under various categories).

Since you are applying ILR solely as PBS migrant, your wife qualifies for ILR with you. Just add her to your ILR application.

Here are the rules for spouse of a PBS migrant, and she fully qualifies.


To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is being, or has been, granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being or has been granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii).

(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.

(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must have had continuous leave as the Partner of the Relevant Points Based System Migrant, and during that period have met all of the requirements of paragraph 319C(a) to (e).

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and

(h) The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

[redbuta]

Hi asim,

Thanks for your clarification.

Yes I'm on the 5-yr route rather than 10-yr.

Does this mean that although my wife has a gap (from WP LTR visa to PBS dependent entrance clearance, she went back to home country for this application, took around 2 months), she can still directly apply for ILR at the same time with me, since we've been living together as married couple in the UK for more than 2 years?

Thanks again!

Please totally ignore what harv has advised. What harv has posted would be correct if your wife was your (PBS) dependent, and your applied for ILR under 10 years long residence rules (because you may have clocked 10 years under various categories).

Since you are applying ILR solely as PBS migrant, your wife qualifies for ILR with you. Just add her to your ILR application.

Here are the rules for spouse of a PBS migrant, and she fully qualifies.


To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-gender partner of a person who is being, or has been, granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being or has been granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii).

(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.

(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must have had continuous leave as the Partner of the Relevant Points Based System Migrant, and during that period have met all of the requirements of paragraph 319C(a) to (e).

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-gender partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and

(h) The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

[asim72]

Please read and re-read what I have posted.

Do not read something that is not written.

You asked me something and I replied. After reading my reply, you again ask the same thing. Any reasons for asking the same question again?

[redbuta]

Hi asim72,
Very sorry I repeated my question while you answered it with great detail.

Thanks again!

Please read and re-read what I have posted.

Do not read something that is not written.

You asked me something and I replied. After reading my reply, you again ask the same thing. Any reasons for asking the same question again?

[muhammad.khan7]

Main applicant (myself)
Visa Tier 1 (General)
Visa expiry: 29-11-2012 (leading to completion of 5 years)

Dependant (wife)
Visa issued: 25-05-2010, but she actually received passport in Sep 2010 and this was due to delay of dispatchment at the embassy.
Came to UK: 02-12-2010
Visa expiry: same as mine.

Question:
If you calculate, my wife is lacking 2 days from completing 2 years duration in UK till her visa expiry. Can i include her in ILR (in person) application with me in the mid of Nov 2012?

Please confirm.
Thanks.

[asim72]

Main applicant (myself)
Visa Tier 1 (General)
Visa expiry: 29-11-2012 (leading to completion of 5 years)

Dependant (wife)
Visa issued: 25-05-2010, but she actually received passport in Sep 2010 and this was due to delay of dispatchment at the embassy.
Came to UK: 02-12-2010
Visa expiry: same as mine.

Question:
If you calculate, my wife is lacking 2 days from completing 2 years duration in UK till her visa expiry. Can i include her in ILR (in person) application with me in the mid of Nov 2012?

Please confirm.
Thanks.

First of all, its not a good idea to post a query in someone else's thread. Why not start a new thread with your query?

Your wife can be added to your application 28 days before she fulfills her 2 year residence. So, if you apply mid november, you can add your wife with your application.

[muhammad.khan7]

Thank Asim, and appologies for enteriing in someelse thread.

Later, i entered seperate thread here. If you feel appropriate, please answer there.

http://www.immigrationboards.com/viewto ... 05dd78c4a7

I don't want to be repeating myself, but can you confirm that 2 days won't be the issue from her arival in UK till her visa expiry.

Many thanks.

[asim72]

It is an immigrant complex. Post a query, and when a reply is received, repeat the query.

I wonder what is the logic behind asking something twice.

Do you want a legal undertaking to confirm what I have mentioned?
I can give you a legal undertaking, but I charge £ 100000 pounds.
If you are willing to pay a hundred thousand pounds, then I will write the reply on a paper, get it certified by a notary and post it to you.

Let me know if you want my account number.

[muhammad.khan7]

Thanks, Asim.
I am OK with your first post reply.

[query25]

Hi,

I am in a similar situation as your wife ( Had a work permit for over 2 and a half years, then got made redundant and had to switch to tier 1 general dependent (of my husband) category but have not completed two years on the dependent visa. Now that my husband is eligible for his ILR, I just wanted to find out if your wife got the ILR at the same time as you? Did they allow it?

Regards,
V

[muhammad.khan7]

Yes, wife got ILR with me (in person).
Just to note here that:

We applied on 8 Nov 2012 together.
Visa person (who issue's token) phoned his senior to verify that my wife is OK to proceed as her visa to expire on 29 Nov 2012, but her 2 years were to complete on 1 Dec 2012. Anyways, he got OK from seniors and i felt relieved .

Hope that answers your question.