WP to ILR but what about my spouse?

Hi,

I am new to this forum, so pls accept if its not in the right place.

I am on a work permit since 8th Nov 2003 with it expiring on 31st Oct 2008. With the same employer through out.
I am going to apply for my ILR on the 13th Oct. No prob on this so far whatsoever.

I got married in 2nd March 2008 and my wife got a dependent visa (based on my work permit) on which she came to uk on 30th march with her visa also expiring on the same date as me - 31st oct 2008.

My question is whether I put her as my dependent on my ILR form SET(O) or she applies separately on FLR(M). Various calls to Home Office reveal contradictory answers. They say she should apply on the same form as me SET(O) but since she has not been in the country for 2 years yet, she will be sent the passport back with a form FLR(M) to fill!

I do not see the sense in applying on the same form then!!!

Others said apply on the same form, and since she is a dependent, her status will follow mine and she will also be given ILR but she can not apply for citizenship till hshe has been here for 3 years.

So the real question is which form to fill for her ?
And
Will she be given a FLR or ILR?

thanks

Add her to your form.  She should be granted settlement. 


Vicky

Thanks Victoria.

When you mention "granted settlement", does that mean she will also get ILR stamped to her passprot or a 2 year probationary visa?

Settlement = ILR

But that means granting ILR to my wife within 7 months of our getting married and her having come to UK for only about 6 months!!

If I had been British Citizen or had ILR 7 months ago, when I got married, she would have got 2 year Spouse Visa and then ILR, whereas now she gets it much earlier!!

Ther's got to be some catch here?

And also the question of Recourse to public funds.....not that it is of any consequence in our case....but nevertheless it is the one that causes confusion...

If I had ILR when we got married 7 months ago, assuming she got her 2 year Spouse Visa, she would have no recourse to the funds but now when she gets ILR she will have access to the funds. So basically, she gets a preferential treatment by being married to a work permit holder vis a vis being married to a holder of ILR or even a British Citizen!

Am I missing something here?

But that means granting ILR to my wife within 7 months of our getting married and her having come to UK for only about 6 months!!

If I had been British Citizen or had ILR 7 months ago, when I got married, she would have got 2 year Spouse Visa and then ILR, whereas now she gets it much earlier!!

Ther's got to be some catch here?

dependent visa holders get ILR in line with the primary, no matter how long they've actually been resident in the UK.  It's just a quirk of the system!

Springhaze,

I appreciate the quirk bit in the system, but thta seems a gaping hole to me....

Imagine a scenario,

I am a work permit holder with a stay of 4 years and 11 months already in UK (basically ready to apply for ILR) and now I get married and my wife gets a dependent visa.
2 days later, she is in the UK and I apply for my ILR alongwith hers. She gets ILR by just marrying me for 2 days!!!

I am sure a lot of people would exploit this loophole and it kind of defeats the purpose of the 2 year probationary visa......

In our case, I assume I will apply on SET(O) form with my wife as my dependent on on the same form and pay only one fee of £750.
When we both get ILR, I can apply for citizenship after 12 months of ILR.
Can she also do the same ?.....taking cue from the analagy that dependent visa holders get same status in line with the primary

You will be able to apply for citizenship as you will have met the criteria of 5 years residency plus 1 year clear of conditions (ie 1 year with ILR).

Your wife will not be able to apply for citizenship, as she will meet neither of these.

However, once you are British, she then will onoly have to meet the coditions applicable to spouses of British citizens, so will only have to have had three years residency in order to apply.

Vicky

Thanks for all your help guys.....the rules are all so confusing to simple minds!!

But my quetsion about her getting preferntial treatment in acquiring ILR as against dependents of ILR holders and British Citizens remains valid.....isn't that a real strange rule???

Yes, I guess it is.

Vicky

In section 6.1 on the SET(O) form, they ask for the date of first entry into UK on which the application is based.

I entered UK in Nov 2002 on a EEA family permit for a couple of days, then entered the UK again on same family permit in April 2002. I fell out with my wife (ex now) and therefore left the UK before my EEA permit expired and entered UK on a Visitor visa in May 2003.
I was then employed by my current employer on a work permit (apppied in-country application) and issued to me on 8th nov 2003 and have been here through out (bar about 4 weeks a year on work/holiday).

So now which date do I put on that column on the form?

This is really driving me crazy....

Put Nov 03 and explain in a cover letter.

Vicky

Thanks Vicky for the prompt reply, but how do I put 8 Nov 2003, because I was already in the country when the WP was issued to me on the basis of which I am aplpying for ILR!!!!

The stamps in my passport will clearly show that I was already in the country for the last 5 months prior to 8th nov on a visitor visa!