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ความคิดเห็นที่ 1 |
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/guidseto0409.pdf
http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/applicationformset%28o%29/
Can I include my dependants in my application?
You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately.
1. You can surely include your husband on the SET(O) application form providing that he has passed the knowledge of language and life in the UK test. There is no residential requirement for dependant as far as I am aware.
**(Does not necessary mean that the spouse only spent a few days, weeks or months then he/she can be entitled to apply)**
***I assumed that the Home Office must have taken it that the spouse must have been spending the same amount of time (more or less) in the UK as the main applicant ***
http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter5/section9/section9.pdf?view=Binary
3. SETTLEMENT
A person who has been a dependant of a person to whom this Chapter relates may be granted indefinite leave to remain if:
- he was admitted with a valid United Kingdom entry clearance as the spouse or child of a person to whom this chapter relates (but see paragraph 2.2 above);
- the main applicant has been or is at the same time being granted indefinite leave to remain;
- the applicant has been, and will continue to be maintained and accommodated without working or recourse to public funds; and
Spouse only
- the marriage is subsisting and the couple intend to live together as husband and wife;
Child only
- he is unmarried, has not formed an independent family unit and is not leading an independent life.
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part5/
Requirements for indefinite leave to remain for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 194(ii) - (v); and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196E. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.
2. I can't remember exactly what answer I gave you, whether it was based on under 18 years old or over, anyway the answer this time should be the same but she has to apply on a separate form since she is over 18. She may not need to sit the knowledge of the language test but she needs to pass the Life in the UK test.
http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/
How do I demonstrate my knowledge of language and life in the UK?
If you are not exempt from the requirement, you must demonstrate a good knowledge of language and life in the UK before you apply for settlement. Most applicants will need to do this by:
* passing the 'Life in the UK' test, if they speak English to a reasonable standard; or
* taking and passing a course in English and citizenship, if they do not speak English.
http://www.uk-wp.com/permits/others/indefinite-leave-to-remain/
An individual with Indefinite Leave to Remain (ILR) status in the UK is a person with settled status and can be referred to as a ‘resident worker’. ILR gives the freedom to live and work in the UK without any restrictions and so it is a very attractive proposition for many people. There are different ways in which an individual might obtain the right to live and work in the UK indefinitely, some of which are:
* Five years of continuous residence in the UK as a work permit holder, a Highly Skilled Migrant, under Tier 1 or Tier 2 of the new Points Based System, or a combination of any or all of the above
* Two years’ residence in the UK as the Spouse of a British Citizen or a Settled Person
* Fourteen years’ illegal residence in the UK
* Ten years’ legal residence in the UK
In addition to the above periods of residence in the UK, the individual must also demonstrate knowledge of the English Language and life in the UK. This is achieved in one of two ways. For individuals with a high standard of English, the “Life in the UK” test can be completed. For those who do not speak a high standard of English, it will be necessary to take and pass a course in English and Citizenship.
Generally, an application for ILR can be submitted up to 28 days prior to the qualifying period being met.
A work permit holder can only apply for Indefinite Leave to Remain after they have spent at least 4 years and 11 months as a work permit holder. Any periods of unemployment or periods when the individual was working without a valid work permit (or leave to remain) will not count toward the qualifying period.
There are guidelines about what constitutes “continuous period of residence in the UK”. Obviously, the more time that an applicant spends abroad, the indication is that perhaps the individual is not continuously resident in the UK.
Dependents of the applicant can also apply for ILR in line with the main applicant. However, dependent children of the main applicant who have turned 18 and have married will not be able to categorise themselves as a dependent and therefore will not be eligible to apply for ILR (except in their own right, for example, following two years’ residence in the UK as the Spouse of a British Citizen or a Settled Person).
The Home Office expects that the individual will have adhered to the conditions of the visa for the relevant period. For example, a work permit is, by its very nature, employment-specific. The Home Office will therefore expect that the individual has remained employed throughout the entire period, by the approved employer. The same points will apply under Tier 2 of the new Points Based System.
Best wishes.
(Just take things easy, study the guidance and all the rules and regulations properly)
แก้ไขเมื่อ 28 ธ.ค. 52 06:34:31
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28 ธ.ค. 52 03:49:34
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