Immigration question:
My wife is due for ILR very soon in Early april. She is on old styled work permit while i am on Tier 1 general(expiring May 2012).Is it possible for her to include myself as her spouse on SET(O) application and get ILR at the same time though we are on different immigration status having married for 3 years and staying together since three years ago in UK.we can also produce documents that shows that we have been living together for up to three years.A friend said to me that it will be difficult to be included in Set(O) form since I did not have dependant visa.i don’t think it make any sense going back to apply as dependant when I am legally resident in UK. What options is available.i was told this forum is full of immigration experts.Any comments will be appreciated.
Responses:
Farida Dar's response
To apply for settlement as a dependant of someone who has completed 5 years in the UK under a work permit visa, the dependant must have lived with the main applicant in the UK for a minimum of two years. If the application is successful and fulfils all the remaining requirements under the relevant rules, the dependant will be granted leave in line with the main applicant. The documents you have as evidence of cohabitation will therefore come in very handy.
If you are submitting your application as a dependant for settlement in April and therefore one month prior to when your authorised leave expires; your existing leave under Tier 1 will continue until a decision has been made. Therefore all rights and conditions attached to your current immigration status would continue until the application is decided.
Farida Dar's response
Please note that in your situation; since you are in the UK in your own right and not as a dependant on the main applicant (as her husband) you would not be permitted to apply as her dependant.
Naturally you would need to consider applying for further leave to remain in your own right. However please note that the Tier 1 General route from abroad closed in December 2010. The Tier 1 General route in the UK will remain open until 5 April 2011 and thereafter transitional arrangements will be in place. These have not been announced yet.
A solution to your problem may be to apply to remain in the UK under the spouse rules which will not be available to you until your wife obtains ILR.
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