ILR

[olisun]

Hi,

My wife has applied for HSMP since Feb thru an agency as she was made redundant.
They actually submiited her case in the month of June and her WP expires on 2007.

She want to withdraw my case now since I have got permanent residency and She would prefer to go as a dependent on my ILR. She is tired of waiting for things to happen on her HSMP. when she had called the agency for the status of her application and they said that the march cases are being processed as of now.

Is it advisable to withdraw her case and then apply for dependent visa (ILR) will this cause any issues for her with respect to her immigration status?

Also we have a son who is a british citizen by birth...

Regards,

Olisun

[Chess]

Also we have a son who is a british citizen by birth...

Regards,
Olisun

That is NOT correct - your child is not a british citizen by birth..you should have included the child when you applied for ILR so that the child is naturalised..but it can still be done since you now have ILR,


I dont think there would be a problem in withdrawing your wifes HSMP application and then going for depedant status

[Kayalami]

Olisun,

1. As per comments by my fellow moderator Chess - is there a reason your wife and child were not included in your ILR application as dependents?

2. Your son is automatically a BC if he was born after you obtained ILR (I deduce from the wording/ style of your post he was born pre your ILR) and you were married to his mother. Otherwise you need to get him registered before he turns 18.

3. The spouse of a settled person is not eligible for HSMP status so unless your wife's application is to be considered outside the rules there is no option but to withdraw it.

[olisun]

maybe i was not clear enough in my earlier post.

1) Wife applied for HSMP in feb (after being made redundant.. she was on her own wp and not a dependant)

2) Got ILR in april

3) Son born in May (got his british passport)

Reason why my wife was not included in the ILR application because

We never knew it was going to take this long for the HSMP

The agency advised my wife to go independently (we have paid the full amount)

Hope this answers some of the unanswered question

Regards

[Chess]

The spouse of a settled person is not eligible for HSMP status so unless your wife's application is to be considered outside the rules there is no option but to withdraw it.

Does this mean that when a person on HSMP marries/gets married to a settled person/ILR holder/BC - then they should inform the HO and get the HSMP visa cancelled

[Kayalami]

1) Wife applied for HSMP in feb (after being made redundant.. she was on her own wp and not a dependant)

2) Got ILR in april

3) Son born in May (got his british passport)

Your son is automatically a BC as he was born post your ILR and you were married to his mother.

I don't mean to question your choice of agency/ decision making but surely is it not obvious that including your spouse as a dependent on your ILR application was the best option in relation to any other visa available? She now has to needlesly IMHO go the 'married to a settled person' route which is a two year visa before she can apply for ILR based on your marriage still subsisting and an intention to continue to live together. This with associated two sets of fees for the FLR and ILR application and a delay in acquisition of British Citizenship .

The HSMP application is irrelevant now but even if were not she is likely to get a decision in October/November unless she has a job offer to expedite the application.

Sorry this may not be the news you wished to hear.

Does this mean that when a person on HSMP marries/gets married to a settled person/ILR holder/BC - then they should inform the HO and get the HSMP visa cancelled

The leave to remain visa granted on the basis of the relationship to a settled spouse supercedes the HSMP in such a case so no need to inform the HO as they know by default via your records on their database. I was refering to a situation where someone marries prior to HSMP application.