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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3533
Experience:  English Solicitor and UK Immigration Law Expert
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Question about including dependants with my IRL applicatio

Customer Question

Question about including dependants with my IRL application
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues. What is your query?

Thank you
Customer: replied 2 years ago.

My current situation:-
------------------------------
I am currently in UK under Tier 1 (general) category and have become eligible for applying for ILR and I can apply for the same any time from now. My tier 1 validity is until Jan 2013. My wife who was with me as Tier 1 dependant has gone back to India on Maternity leave. She and Baby are planning to comeback to UK in May.

Timelines of my wife's time in UK:-
--------------------------------------------

Jan 2009 - She came to UK under Work Permit Category.
Dec 2010 - Swithced to Tier 1 dependant category.
Nov 2011 - Left UK on maternity leave
May 2012 - Planning to comeback to UK (as Tier 1 Dependent or Spousal Visa)

 

My questions are as follows
-------------------------------------
1. If I delay my ILR application until my wife and baby come back, will I be able to include them in my application?
2. If I process my ILR now, when will dependants become eligible for ILR after they join me (As spouse and child) in May 2012.

 

Regards

Melvin Antony

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

To answer your queries using your numbering:

1. yes, she may apply for ILR at the same time as you if you have both been living together in the UK for at least 2 years. See here for detailed information: http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/general/settlement/dependants/

2. if you apply for ILR now, your wife and baby will need to apply for settlement visas from Pakistan (she will need to apply for a spouse visa and spend 2 years as your spouse before qualifying for ILR).

So, if you can wait, it may be better.

Hope this helps
Customer: replied 2 years ago.

 

Many Thanks..

 

Couple of questions regarding the answer number 1

 

a. In May,my wife would've been away from UK for close to 180 days. Will that be an issue?

b. Though we have been living together as husband and wife from Jan 2009, she changed visa category and became my Dependant only in Dec 2010. (until then she was a in Work Permit Category) Is there a rule which says, dependants in ILR applciation should've completed at least 2 years as dependants?

 

 

Thanks

Melvin Antony

Expert:  UKSolicitorJA replied 2 years ago.
The rules are quite clear and you need to have been living together as a married couple for 2 years and she must be on a dependant visa at the time you apply for ILR (the rules do not state that she must have been on a dependant visa for the 2 years). See below
319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .

(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.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and

(h) The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

If she is under 180 days, it should be fine but you should submit proof why she has been away e.g. mat leave etc

Your original query has been answered.
Customer: replied 2 years ago.

Many Thanks..

 

Just One more question regarding Child -

Will Child need to spend two years after coming to UK (as Tier 1 dependant) before it can apply for ILR?

 

Regarding this service - Once I accept the answer How long can I make follow up queries?

 

Regards

Melvin Antony

 

Expert:  UKSolicitorJA replied 2 years ago.
You can follow up usually once or twice but the queries have to be related to your original one.

Your child should be able to get a settlement visa straight away, not have to wait for 2 years.

If you have further queries, please submit A NEW QUESTION abnd click Accept.

Thank you
UKSolicitorJA, Solicitor
Satisfied Customers: 3533
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

 

The service of £46 for one month - Is that a different one from the one I am using now?

Expert:  UKSolicitorJA replied 2 years ago.
You would need to ask customer service as I only deal with legal queries, not financial matters concerning this website.
Customer: replied 2 years ago.

Hello,

 

I had a chat with one of UKBA representatives over the phone. They are of the opinion that dependent should complete 2 years as dependant for them to become eligible for applying along with main ILR applicant. Rule they were referring to was Paragraph 287 of immigration rules

 

Could you please confirm your answer

 

Regards

Melvin Antony

Expert:  UKSolicitorJA replied 2 years ago.
Rule 287 relates to spouses of British citizens who are required to spend 2 years as a dependant before they qualify, your spouse would fall under Rule 319E which I have already set out above.

You should bear in mind that advice given by UKBA staff over the phone is often not correct.

Hope this clarifies

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