Seperate Tier1 Visas- how to apply for Settlement???

[Greenie]

it all makes sense and your undersatnding is correct, note, this is based on the information you have given and the rules as they stand currently.

Hi Greenie

From what you said above, it looks like you are confirming that swordfish20000's wife can apply for ILR along with him in Jan2013, provided shes gets her T1(G) dependant visa outside of UK before Jan 2013.

But in SET(M) guidance under section - Qualifying for Indefinite Leave to Remain(page 2) it is mentioned as below:

2 years’ leave to enter or remain as the partner
of the person named in your application. That period runs from
- the date on which you entered the UK with a
visa in the relevant category; or, if you did not
enter the UK with such a visa, from

- the date on which you were first granted leave
to remain in the UK in the relevant category


Please can you clarify on the above rules? I'm still confused whether my wife can apply for ILR along with me without completing 2 years in the UK as my dependent on T1?

Ps: Myself & my wife are in th UK from Jan 2008 on seperate T1(G) visas, living together in same address. We got married in June 2011, I will be eligible for ILR in Dec 2012.

What are my options to apply along with my wife for ILR in Dec 2012?

Thanks for your help..

Cheers

the SET(M) form is for settlement as the spouse of a settled person. if your wife qualifies for settlement at the same time as you, she would complete SET(O), not SET(M). The rules for settlement as the spouse/partner of a PBS migrant are different than the rules for settlement as the spouse of a person who is already settled.

I think your wife could apply for ILR at the same time as you under the rule for family members of PBS migrants however it may be more hassle than it's worth given your wife will presumably qualify for ILR in her own right in May 2013?

You need to look at the rules to understand. See

para 319E

Look in particular at sub paras c) and d)

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being 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 a period of at least 2 years.

Your wife will meet (c) if she returns home and applies for and is granted entry clearance as the spouse of a PBS migrant

She will meet (d) if you can show that you have been living together in the UK as a married couple or in a relationship akin to marriage for at least 2 years, according to you, you have been living together in the UK for over 4 years. The only difficulty is proving cohabitation before your marraige and that it was a relationship akin to marriage before this point. Also, I would say that whilst in my view your wife should be able to apply for ILR at the same time as you, providing she applies first for a PBS dependent visa, I think that some UKBA caseworkers might expect to see evidence of marriage for 2 years however this would be wrong as it would mean that a couple who had never married but had been unmarried partners for the 2 years would qualify, but a couple with a combination of unmarried partnership and marriage wouldn't.

As I said however, given that your wife is going to have to go to the expense of leaving the UK to apply for another entry clearance, having to wait there whilst her application is being considered, and pay the fee for the application etc, is it worth the additional 5 months ILR she will gain - unless of course you don't think that she will meet the requirements for ILR in her own right.

[DayDream]

Hi Greenie

Apologies and my bad to get confused with SET(M) and SET(O). Its clear to me now that my wife will apply through SET(O) if she's granted entry clearance as my dependent on T1(G) before I apply for my ILR in Dec 2012.

Regarding my wife's eligibility for her own ILR in May 2013, the problem we have is that we are expecting a baby in August and that means she will be out of work atleast until close to end of this year. Unfortunately we both are contractors and no maternity pay etc. Unless there are exceptions for pregnant women with regard to earnings before ILR, she wont be able to score required points for earnings criteria.

Thanks for your detailed explanation around 2 years Cohabitation

I can split our 2 year cohabitation as 6 months as unmarried couple+ 18 months as married couple

we both have the following documents that might help us to prove that we were in a relationship before marriage

1) Tenancy agreement - covers 2 years in same address
2) Council tax - covers 2 years in same address
3) Bank statements(not joint) on same address - covers 2 yers in same address

I thought of one more evidence to prove that we were in relationship is, flight tickets for our travel in Dec 2010.

Any other documents that you can suggest to prove our 2 year relationship(6 months as unmarried partners + 18 months as married) ?

Many thanks for your time to help us with your answers, much appreciated.

swordfish20000 - From Greenie's latest response it is clear that you are fine to go for ILR along with your wife provided she gets her entry clearance before that as your dependent. All the best mate !!

Cheers