I got ILR now so What visa should my wife apply?

[Kazim Zaidi]

Hi,
I got the ILR on the basis of long residency on 03 April 2014. Before getting this I was on TIER 1. My wife is living with me in UK since 8 years and 10 months as my dependent, at the moment she has dependent visa of spouse of TIER 1 which is enough for completing her 10 years in UK.

Question:
Should she wait to complete her 10 years in UK to apply for ILR?
Or –
should she apply for fresh dependent visa as a spouse of a person who has ILR now? If she apply fresh dependent visa what documents she needs and what are the requirements and is there any time limit for applying new dependent visa?

Thanks
Syed

[vinny]

If she is not travelling and she has sufficient leave, then I think she may wait and apply under Long residence up to 28 days before her 10 years is completed.

If she makes a FLR(M) application today, then she would be subject to the transitional provisions, under the 2 year route. Else, from tomorrow, she would be subject to Appendix FM, under the 5 year route.

[Kazim Zaidi]

Thanks Viny,
Pls can you explain the difference between 2 and 5 years routes.

[SSWSZ]

2 year route is without any specific income and 5 year route is you have to show 18600 income to get 2.5 year spouse visa and u have to extend 1 more time then she will be eligible for ilr

Thanks Viny,
Pls can you explain the difference between 2 and 5 years routes.

[Kazim Zaidi]

Thanks both of you for your kind response.

[bilalmunir]

Settlement criteria for dependents of Long residency
I obtained entry clearance UK visa on 15/02/2010 as a dependent of post study work visa holder (partner-Husband) and living continuously in the UK since (15/02/2010)

On August 2010 My partner switched to Tier 1 General and my (PSW dependent visa) status was changed to dependent of Tier 1 general until 03/04/2014

On 10/03/2014 My partner got Indefinite leave to Remain on Long Term Residency basis (10 years)

On 03/04/2014, my visa (Dependent of Tier 1 General) was changed to spouse visa (2 years) dependent of a person who is now settled (ILR) and present in the UK

Since i have already spent more than 2 years as a dependent (Dependent of Tier 1 General) , therefore my kind questions are as below

1. Can i apply for Indefinite Leave to Remain in the UK , any time or i have to wait for 2 years?
2. If yes ! do i need to show any maintenance funds?

Instant response will be much appreciated along with references
Thanks
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