ILR for spouse Tier 1 Ent

[britain420]

Hi,

I was on Entrepreneur visa before I got ILR on 24/01/2015 on 10 years long residence basis. My wife joined me in uk on 05/02/2012 on PSW dependent visa. She is currently on Entrepreneur dependent visa. I have also got 2 years daughter with her for whom I have applied naturalisation. My wife has passed life in uk few days ago.

kindly if someone can help me on the following

1) I have heared that she can apply for ILR after 2 years of residence as she entered before july 2012, is it true?

2) Also what form I need to fill for her SET(M) or SET(O)?

3) Do I need to show any earnings?

Regards

[CR001]

1) I have heared that she can apply for ILR after 2 years of residence as she entered before july 2012, is it true? No it is not the case anymore. The rules changed in April 2014. Because you obtained ILR based on 10 years long residency, your wife will need to switch to FLR(M) and her clock towards ILR will resent to zero and she cannot use the time spent as a PBS dependent towards the new 5 year residence requirement on FLR(M).

2) Also what form I need to fill for her SET(M) or SET(O)? Not relevant, she needs FLR(M) X 2 (2.5 yrs X 2 visas) before ILR on Set(M)

3) Do I need to show any earnings? For FLR(M) there is an English A1 requirement and a financial requirement you as the sponsor have to meet (£18,600pa if no children).

https://www.gov.uk/government/uploads/s ... _11-14.pdf

https://www.gov.uk/government/uploads/s ... _11-14.pdf

[britain420]

Thankyou for detailed answer.

I have a friend who got ILR in march 2014. He applied ILR for his wife on same day basis and received it in september 2014. How is that possible....

[CR001]

The rules changed in April 2014. So if your friend applied for his wife before 6 April 2014, the application would have been considered with the rules in place at the date of application.

Below is quite a long thread on the changes. It contains links on pages 2-4 of the statement of change and one of the mods provided a link explaining.

http://www.immigrationboards.com/indefi ... 41973.html

Or this shorter topic.

http://www.immigrationboards.com/immigr ... l#p1005367

[britain420]

Just a last question

Will the time of my wife spent on entrepreneur dependent visa be considered towards 5 years?

And just for knowledge if she was a dependent of HSMP visa holder will the time be considered towards 5 years?

[CR001]

Will the time of my wife spent on entrepreneur dependent visa be considered towards 5 years? No

And just for knowledge if she was a dependent of HSMP visa holder will the time be considered towards 5 years? No

She will have to complete 5 years on FLR(M), she will not be able to amalgamate the time she has already spent in the UK on her previous dependent visas. That would only be possible if she reaches 10 years long residence first before the end of 5 years FLR(M)

[britain420]

You have been such a helpful person. Thankyou for detailed answers.

[CR001]

You are welcome and good luck

[britain420]

Sorry again.

Annoyed and confused. He got ILR for his wife on the counter on 04/10/2014...

[CR001]

On what basis did he apply for ILR??

[britain420]

He got ILR on 10 years long residency, wife was on dependent HSMP Visa.

[CR001]

Then he was lucky if it was Oct 2014

[iworker]

i think what the OP is saying that his friend applied ILR for his wife at counter in Oct 2014. The friend must have applied ILR on 10 year basis before April 2014.
Since you applied ILR after april, hence the case where your wife can not apply for ILR now and have to apply for FLRM.