When can my wife apply for ILR/BC

[huqqapani]

Dear Gurus
I will apply for BC in November this year as was granted ILR on long residence basis in Nov 2013. My wife (who came in UK as WP dependent in june 2013. She currently is on spouse visa which was granted in May 2014.
My question is that when can she apply for ILR and then BC?

[vinny]

Interestingly, if you were a non-PBS work permit holder immediately before being granted your ILR and she satisfies 196E, then I think she may apply for SET(O) now. Else, she may apply for SET(M) after she completes her 2 years in the UK, probably in June 2015.

She must have ILR and be in the UK for at least 3 years, etc., before applying for naturalisation as a spouse of a British citizen.

[Amber]

Vinny the OPs spouse applied after 6 April 2014. Therefore, it may be that she has leave under Appendix FM and that'll be a 5 year route to settlement not 2. Moreover, it appears his spouse was a PBS dep (T2) thus it's a 5 year route either way.

OP you should stick to one thread as it's all commingled and confusing.

[huqqapani]

Amber apologies as didnt remember to check my old post on this.

So its 5 years from June 2011 that she can apply for ilr.

[vinny]

Thanks, Amber.

[Amber]

It'll be 5 years from when FLR(M) was granted, assuming her current leave was granted for 2.5 years.

[huqqapani]

Amber

The spouse visa was granted May 2014.

For the avoidance of doubt please see her immigration history below and confirm whether its 5 year from May 2014 or from June 2011.

Work permit dependent from june 2011 till December 2012

Tier 2 dependent from Jan 2013 till May 2014

Spouse visa from May 2014 till June 2016

I got ILR in Nov 2013 on long residence. Was on Tier 2 and Wotk permit prior to that.

Please confirm whether its june 2016 or May 2019 that she will apply for ILR.

[Amber]

Is her current leave valid for 2 or 2.5 years?

[huqqapani]

Amber sorry for late response as was away,

Her current leave is valid till November 2016 (2.5 Years from May 2014).. What does this mean now ?

[huqqapani]

Amber

Can you please Just confirm then as per your earlier response that my wife can't apply for ILR until May 2019?

[Amber]

Correct.