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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Indian female and got married in Oct 2008 (in India)

Customer Question

I am an Indian female and got married in Oct 2008 (in India) to an Indian male. My husband is on work permit and he intends to apply for ILR this year in March 2011. He completes 5 years on work permit in April this year. I am on HSMP which expires in Aug 2011. How is it possible for me to apply for an ILR with him ?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

When did you receive your HSMP visa and start working in the uK?


Tom

Customer: replied 3 years ago.
Hi,
I got my HSMP in Aug 2008 , I arrived in the UK in Oct 2008 and started working in March 2009.
Expert:  Thomas replied 3 years ago.

Hi,


If you were to switch to a spouse visa once your husband has obtained ILR then you must complete 2 years in that category in order to be eligible to apply for ILR. You period here on your HSMP would not count towards attaining the two years.

 

So if your husband received his ILR in May and then you apply and are granted a spouses visa by, say, July or August then you would have to complete two years which would take you to July/August 2013.

 

Alternatively you have to complete 5 years on a workers visa in order to apply for ILR under this category. This would mean if you extended your workers visa you would be eligible to apply for ILR in October 2013.

 

You can see then there is little difference in time in terms of when you will be able to apply for ILR regardless of the way you do it.

 

There is the danger of your marriage breaking down whilst you are on a spouse visa, this could then cause problems for your spouses visa.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Customer: replied 3 years ago.
Relist: Other.
I would like a second opinion
Expert:  INC replied 3 years ago.

I see that you have asked for a second opinion to my colleague's answer.

 

I can confrim that the position is as stated my him and should be obliged if you would click accept to his earlier post.

 

 

Expert:  Thomas replied 3 years ago.

Hi,

 

You will see that another expert has confirmed the position.

 

Please click accept, i will continue to answer your follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
Is it not possible for me to apply for an ILR with him while he is applying ? in form SET (O), there are details regarding partners who wish to apply for ILR with the main person applying...

This is the reason I want a second opinion.
Expert:  Thomas replied 3 years ago.

In order for you to be able to apply at the same time you would have had to have been a spouse visa for the preceding three years. That is why you can't - you have been on a HSMP and therefore the time on this visa does not count.

 

It's as I have said above.


Hope this clarifies, if so please click accept and I shall continue to answer any follow up questions you have.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
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