ILR Eligibility for Wife

[satandrive]

Hello,

1) My wife was granted dependent visa on November 2010. She applied for extension on March 2012 and her visa was refused on January 2013 (9 month wait time).

2) She appealed for it and her appeal was allowed under immigration rules also on Article 8. (I've a decision copy of this)

3) UKBA however has given her LOTR (leave outside the rules) rather than normal dependent visa advising she will be eligible for ILR in 10 years.

My question is because her initial application is before July 2012 (when the new rule came into force) and she already have spent 2 years as spouse visa by the time she received a decision she should now be given option to apply for ILR.

Also the decision copy of judge clearly says he is allowing it under the immigration rules also allowing it as per Article 8 so where comes the outside rule comes?

Any advise and direction will be of great help.

[Amber]

Article 8 leave goes by when it was granted or when the appeal was put in. As you put the appeal in post July 2012 (confirm) the leave will be under the new rules which is a 10 year route to settlement with no recourse to public funds i.e. the visa should say, no recourse to public funds and be for a 2.5 year period of validity.

[satandrive]

Article 8 leave goes by when it was granted or when the appeal was put in. As you put the appeal in post July 2012 (confirm) the leave will be under the new rules which is a 10 year route to settlement with no recourse to public funds i.e. the visa should say, no recourse to public funds and be for a 2.5 year period of validity.

Hi,

Thank you for the reply.

Well if the judge has allowed the appeal under the immigration rules than where comes this LOTR (outside the rules)?

Is there anything I can do for UKBA to realize this like a pre-action protocol letter? (Is there a template for this)

thanks in advance.

[vinny]

Hello,

I am hoping somebody would be able to help.

My wife applied for further leave to remain as dependent in March 2012 and was refused in Feb 2013 due to insufficient English language requirement. We appealed and it was allowed under immigration rules and also on humanitarian grounds (Article 8 family life) in June.

We have now received the visa but it says outside immigration rules (LOTR) and some standard format saying she can apply for ILR after 5 years.

First of all appeal clearly was allowed under rules, so we were not expecting the visa to come on LOTR. Secondly, I have become a British citizen now and because her application for further to remain was before July 2012 we should be eligible to apply for her ILR in 2 year which she has completed now.

Can anybody advise whether there will be any issue applying for her ILR?

LOTR is not an automatic route to settlement, the same circumstances have to be present when you apply for ilr and that they are unlikely to change, however, you may be able to claim public funds subject to what the visa says.

The two year route to settlement is for a spouse visa, which she doesn't have because you didn't ensure she met the English requirement.

LOTR is not an automatic route to settlement, the same circumstances have to be present when you apply for ilr and that they are unlikely to change, however, you may be able to claim public funds subject to what the visa says.

The two year route to settlement is for a spouse visa, which she doesn't have because you didn't ensure she met the English requirement.

Dear guru, thank you for your reply.

On the appeal judge clearly said that we provided life in the UK rather than English A level which justifies the English language. This is evident from the appeal decision letter as well.

I am going to write to UKBA asking why they issue LOTR and not normal spouse visa and send them a copy of appeal decision.

So as per present circumstance are you saying she is not eligible to apply ILR even completing over 2 years on spouse visa until the application was in process?

[vinny]

Are you sure the judge allowed it under the Immigration rules?

If the judge allowed it under the Immigration rules, then did the UKBA appeal against that?

See also 5.1.

[Amber]

See also, 7.1 (click)

[satandrive]

Are you sure the judge allowed it under the Immigration rules?

If the judge allowed it under the Immigration rules, then did the UKBA appeal against that?

See also 5.1.

Hi Vinny,

thanks for the response.

the judge has clearly mentioned I allow under immigration rules as it clearly states on decision letter. next point he says I also allow it under article 8.

I've been advised by some friendly sources to write a Pre-Action protocol letter to UKBA.

May be I can send you the attachment to have a look.

do you by chance have a template?