Dependent ILR Situation

[Rizahidam77]

Dear Board Members,

My cousin is approaching to ILR in this Sep. 2015 from Tier 1 General route but his leave is expiring in January 2016. His wife was first entered in UK as dependent in March 2011. She spent 13 months out of her 2 years visa in UK and then return back to Pakistan where her visa gone expired in September 2012. She again applied in to rejoin her partner in April 2013 and got leave parallel to his partner expiring January 2016.

Questions:

1. Can she (the dependent) apply for ILR together with main applicant in September 2015 ?
2. If she can not apply for ILR then what leave she can apply under to remain with her partner and will she be able to apply for that leave together with her partner ?
3. Since she has visa till January 2016, can she wait until her visa expires ? Would it affect her dependency because the main applicant will be switching to ILD in September 2015 ?

4. Does she needs to maintain a fund as if she is not eligible for ILR and applies under a different leave?

It would be much appreciated you kind suggestions.

Regards

[geriatrix]

1. No.
2. Leave to remain as PBS dependant (319C(b)).
3. Yes. No.
4. Read PBS dependant policy guidance.

Also, make sure that if she travels outside UK for long period, she does not let her leave expire. She should apply for entry clearance before any extent leave expires.

[Rizahidam77]

Thank you Sush for your quickest guideline.

Just one point to clarify, As I mentioned the main applicant will get indefinite in this September, would the dependent still require PBS dependent form to extend her leave in January 2016 whilst the main applicant would no longer remain a PBS migrant?

Kindest Regards

[geriatrix]

Already answered above.