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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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switching from PSW to dependant of a person applying ILR Hi,

Customer Question

switching from PSW to dependant of a person applying ILR

Hi, I am currently on PSW permit which will expire next year. Me and my partner have been living together for 2 yrs now. My partner is due to apply for his Indefinite leave in about 4-5 months time. We are planning to get married here itself before that. I am quite unsure & concerned of some issues -:

Will I have to become his dependent first and go back to my home country and then again gain an EC or it can be done straight forwardly from within the country. I am unsure of switching from PSW to being his dependent on his ILR application. How does it work?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If you will marry before he gets ILR and then apply (before your current visa expires) after he has obtained ILR then you will have to make an application for Settlement (ie. a spouse visa) then you will not have to leave the country provided that the length of your PSW visa was granted for longer than 6 months:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

On the basis that you say your PSW will expire next year you obviously meet this criteria.
You do not need to apply for a Certificate of Approval from the UKBA any longer, provided you can each prove your identities and addresses then the local registrar will marry you.

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employers stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


You will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both of you before submitting it to ensure the best possible chance of success upon determination by the UKBA.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 27 months. You can apply for indefinite leave to remain once you have been here for 24 months. 12 months later you can apply to be naturalised as a UK citizen provided you have not spent a lot of time outside the UK during the 36 months total.


If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Customer: replied 2 years ago.
F.A.O Tom

Thanks for the detailed response Tom. You have quite clearly stated the documents I will need to attach in order to present my case properly which is very helpful for me.

However I wanted to clarify on one point that I and my partner are planning to apply for my dependent visa in my partner's ILR application form. Which means I am not sending my application separately. When my husband applies for ILRwe are thinking to add my name as his dependent and attach all the evidence along.

I wanted to confirm that after the amendments made in ILR rules from 6th April, 2011 - If a dependent proves 2 yrs of stay together with his/her partner then they can apply with the main applicant for the ILR, and in that scenario dependant does get ILR itself rather than a stay for 27 mths and then ILR.

IS this correct ???

All these things are making matters complicated for us. I hope its not too much of botheration for you. Thanks
Expert:  Thomas replied 2 years ago.
Hi,

The difficult is that you are not a "Dependent" for the purpose of the immigration rules here. A Dependent is a type of visa in itself. A PSW is another type of visa and this is what you have been on whilst you have been here. Therefore you would not be able to apply on the rule you mentioned.


Therefore, you would have to apply in the above way that I have stated because you did not switch to a dependent of his category earlier. I don't believe that you will be able to apply to switch to being a dependent of him with his ILR application because usually when a dependent is added they are being added to the application for ILR (ie. the dependent themselves is eligible on the basis that they have been on a dependent visa for two years, which is not the case with you).

I should also clarify, that the above form I mentioned is for out of country applications, the form you will need to switch is FLR(O).

Trust this clarifies, please click accept.

Kind regards,

Tom
Customer: replied 2 years ago.
F.A.O Tom

Right now I understand that I would need to be on a dependent visa before applying along with my husband.

As you mentioned to switch to dependent visa if I fill the FLR(o) form now and get a response from them.

And then if I add my name to my husband's ILR application will it work out then. Since it does mention that the lenght of stay of 2yrs (or 24mths as you stated earlier) with the main applicant should be proven, which we can do but only as unmarried partners.
Expert:  Thomas replied 2 years ago.
Hi,

No. The FLR(O) application form is for you to switch from your PSW visa to a spouse visa once he has obtained ILR.

You would need a different form to switch to be a dependent of his current visa. I don't know what it is because I don't know what visa he is on at present. However, even if you do this now I do not believe that if you were then listed as a dependent in his ILR application that you would be sucessful because although you may have been together for two years you have not actually been in the visa category of a dependent for that length of time and would expect the UKBA to reject your application on this basis (albeit that your husband may be successful.

Please click accept. I will continue to answer your followups to this topic.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Tom. Really appreciate your detailed responses. It has provided us with lots of clarity in the way we should process our applications. In case of further queries I might just come back to you.

Kind Regards
Expert:  Thomas replied 2 years ago.
That's fine.

Thanks for your accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom

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