ILR for Tier 1 General Dependent

[mona12]

Hi,

I was granted Tier 1 General on 22/10/2008 and I entered UK on 13/02/2009. Since then I have been living in UK. The total number of days (excluding the days of leaving and entering UK) that I was not in UK are 180. I am eligible to apply for ILR from 16th January 2014 onwards.

I have got recently married in Oct 2013 and my husband has joined me in UK as a Tier 1 General Dependent on 23rd Nov 2013. His dependent visa expires on 6th June 2015.

However, my husband has been living in UK since Oct 2009. He was on Study Visa and then on Post Study Visa which was due to expire in Feb 2013. But before his Post Study visa was to expire he applied for Tier 1 Entrepreneur Visa which was under consideration. He then withdrew his application of Entrepreneur Visa in early Oct 2013 as then we had to go to India to get married.

My husband then applied for Tier 1 General Dependent Visa from India in Oct 2013 and joined me in UK as a Tier 1 General Dependent on 23rd Nov 2013. His dependent visa expires on 6th June 2015.

As per what I have been advised by couple of solicitors and HomeOffice itself, we don't need to do anything about my husband's visa when I apply for my ILR in Feb 2014 (I am yet to get a PEO appointment) until his PBS Dependent visa is due to expire in June 2015. I am advised that he needs to be on PBS Dependent visa for 5 years before he can apply for ILR by applying for PBS Dependent extensions even after I get my ILR and then citizenship.

However, my questions are:

1. On the Set(O) form, there is a column for Dependent where spouse can be included. The guidance notes for Set (O) form doesn't mention clearly if the Dependent spouse has to be in UK for 5 years (as per the rules after 9th July 2012) so as to be eligible to be included in this form. If I add my husband's name as Dependent under my ILR application, what are the chances that he will be granted ILR?

2. Are there any chances that if my husband's name is added as Dependent in my application, then both of us will be refused ILR? or would my application still be considered as I satisfy all the requirements.

Any advice would be of great help.

Thanks

[mona12]

Could someone please provide an expert opinion on this asap.

Thanks

[CR001]

Your husband does not qualify for ILR with your application and would not be successful. He would have needed to be in the UK as your dependent for at least 2 years for you to be able to include him with your application.

[Amber]

Unfortunately, CR001, if the partner was granted PBS dep leave after July 2012, the waiting period before settlement is 5 years, not 2. If the main applicant qualifies for ILR as a PBS applicant, the dep can extend as a PBS dep until s(he) satisfies the 5 year period.

[CR001]

Yes, I am aware of the 5 year requirement Amber. I was pointing out that he would have had to be on dependent status for at least 2 years at the time of spouse applying for ILR (Jan 2014) to qualify for ILR with his spouse.

[Amber]

Sorry CR001, I didn't mean it negatively, just that the dep is on the 5-year route.

[mona12]

Thanks Amber and CR001 for replying. Though I am aware of the 5 year requirement but what I wanted to ask is that if I still include my husband's name as a dependent in my application then what are the chances that my application might also get refused? Or what are the chances that my application will be accepted but husband will get refusal. I know it is silly but I am asking so because one of my knowns were granted ILR for the dependent husband even though he had not completed 2 years under dependent visa, he wqs on dependent visa for only 1 year 8 months.. The main applicant in their case, i.e. the wife has completed 5 years under work permit + Tier1 G. They applied in August 2013 in Solihull and were successful for both the main applicant and the dependent husband.
This is why I am asking that what could be the consequences if I add husband's name in my form.

Please reply asap.

Thanks

[mona12]

Please could I request an advice from the gurus urgently.

Thanks

[mona12]

Can I please request an opinion from the gurus on what could the consequences be (apart from losing the fees) if I add husband's name in my application?

Thanks