A Y & J Helps Client Achieve Settlement After Five Years’ Continuous Stay As Tier 2 Dependant, Then Settlement For His Wife and Daughter
After successfully assisting our client, Mr S, with his settlement application after five years’ continuous stay in the UK as a Tier 2 (General) migrant, we were then instructed to assist him with the settlement application of his wife and daughter.
How A Y & J helped our client achieve settlement
Reviewing eligibility for settlement
When applying for indefinite leave to remain as the partner of a ‘Relevant Points Based System Migrant’, the applicant must have been in a relationship with the same Relevant Points Based System Migrant and have spent the last 5 years with leave in the UK. Mr S’s wife, Mrs S was granted 5-year entry clearance, however, she didn’t enter the UK until one month after her visa was granted. Mrs S and their daughter’s visa then expired, which they did not qualify for settlement.
We suggested she submit the application on the expiry date and rely on the date of the decision to calculate the qualifying period according to the Home Office guidance.
According to page 9 of Indefinite leave to remain when calculating continuous period in the UK:
“Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backwards from whichever of the following is most beneficial to the applicant:
- the date of application
- the date of the decision
- any date up to 28 days after the date of application.”
Booking the super-priority service
After the application was submitted, we helped Mrs S and her daughter to book an appointment for super-priority service. In order to rely on the date of the decision, we helped them to secure an appointment for three weeks after the date of submission. That way, Mrs S and her daughter would have been in the UK for a continuous 5 years when counting backwards from the date of the decision.
Collecting documentary evidence and preparing for the appointment
We also helped Mrs S to collect several documents showing her genuine and subsisting relationship with Mr S, including their marriage certificate, child’s birth certificate and evidence of cohabitation. Before the appointment, we helped them to scan and upload the relevant documents. We also drafted detailed legal representations explaining the issue and uploaded the same to the Home Office’s system.
Result: Our client and her daughter were granted ILR on the same day
With our help, Mrs S and her daughter received the decision on the date of their appointment and their application was granted. Their ILR BRP card arrived just a few days later.