ILR for My Wife

[leon92]

Hi,

I have been granted ILR recently and confused about which application I should make for my wife.

Me and my wife got married in May 12, she got her Tier 1 (G) dependent visa in June 12 in our home country, however prior our marriage and her visa application we were in the UK in a relationship (she had student visa)

Now under the 2 year rule, she is 2 months short for ILR application. However even if I apply with FLR(m), UKBA would not reply back in 2 months anyway, so after she is granted extension, she will be eligible for ILR and I will have to apply again with unnecessary cost and time.

My immigration consultant says that let's apply with Set(m), they can't refuse the application worst case they will grant extension.

I just wanted to get your opinions on this one.

Any help is appreciated.

[Apam]

As discussed several times on this forum;
If you are short by few months;
1. Apply extension as tier 1 pbs dependant
then ilr
2 or apply ilr by post and hope that by the time your application is processed, 2 months would have elapsed to make up for the shortage.
3. Apply pbs extension by post, if application is not processed when she is due for ilr, then varry application from extension to ilr. These previous threads for details of this procedure.

[leony]

Hi Apam

Many thanks for your reply and also apologies if this post is a duplicate.

I think I will go with option 2 as if I apply with PBS extension, I am sure that they will process the payment within a week anyway.

In regards to option 2, what if they decide to process the application within a month? Will she be refused? How does this work?

[leony]

Hi,

Your response is appreciated. Can you please put me in the right direction by sending some similar thread links? Or has anyone applied with 1-2 months shortfall and got their ILR?

[leon92]

Hi

My wife is currently on Tier 1 General dependent visa and I have ILR.

She still has 2 months to be eligible for settlement ( 2 year rule, before July 12 rules) and her visa expires 1st week of May.

I am reading the new rules came into effect today and trying to make sense of them. Am I correct in assuming that if my wife applies for FLR (m), she will lose her entitlement to apply to settlement in 2 months time and the clock for 2 years will start again after the FLR(m) approval?

So ideally I have to apply for Tier 1 extension not FLR (m)?

Or am I wrong?

Many thanks