ILR for Spouse of a Settled Person in UK

[hadu21]

Dear Members,

I need advice about immigration case of my wife.

I was granted ILR on 14th April 2014 on 10 year Long Residence Basis. My 2 children (Born in London) have now acquired British Nationality and British Passports in July 2014.

I applied for my Wife's FLR (M) in Croydon PEO yesterday which was approved in 1 hour & visa granted.

My 2 kids and my wife were my dependents (Tier 1 General) since October 2011.

The approval letter we received at PEO croydon mentions that my wife has to wait for 2 years in order to apply for Settlement (ILR). However, I asked the caseworker that she has already been my dependent (wife) for more than two years and she replied that she can apply for ILR any-time suitable for us.

However, I know that rules have changed since 6 April 2014 which means that spouses have to wait for 5 years to get ILR.

I am really confused and dont know who to belive.

Can seniors of this forum help me understand the situation and guide me.

Regards

[Amber]

She should have been granted leave for 2.5 years which will be a 5 year route to settlement. However, if her leave does come back stating 2 years she'll be under Part 8 and should be able to settle straight away.

[aurnoc]

She should have been granted leave for 2.5 years which will be a 5 year route to settlement. However, if her leave does come back stating 2 years she'll be under Part 8 and should be able to settle straight away.

Can u please tell me if 5years requirement includes 3years as PBS dependent?

[Amber]

No, it would not I'm afraid.

[hadu21]

Hi Amber,

We have today received the Biometric Card for my wife. They have granted the visa for exactly Three years. We applied on 17 / 7 / 2014 and new visa is valid until 17 / 7 / 2017.

This is not 2 years or 2.5 years ...

What do you think about this?

Regards

[Amber]

What does the leave say? Does it say PBS dep leave?

[hadu21]

Leave says
SPOUSE/PARTNER
Leave to Remain

Reminder: She applied as Partner of settled person (FLR-M) on 17 July 2014. New Visa expires on 17 July 2017

[Amber]

3 years leave is usually for PBS deps.

[allwell46]

May be you can try your luck by writing a letter to case worker stating that your wife had applied for flr m visa under immigration rules part 8 point 284 and were expecting a visa of two years. That she have been granted three years visa, can you please rectify this error and grant her two years flr m visa.

[hadu21]

Thanks. I am writing her a letter today and will seek her explanation. Thanks for the hint.

I will update you when I get a reply from the caseworker.

Regards

May be you can try your luck by writing a letter to case worker stating that your wife had applied for flr m visa under immigration rules part 8 point 284 and were expecting a visa of two years. That she have been granted three years visa, can you please rectify this error and grant her two years flr m visa.

[amiraziz]

Hello.
Did you get back any thing from home office.as i am on the same boat.my wife also was given a three years Flrm visa.she was before pbs dependant for two years.now i am confused that wen i need to apply for her ILR.