ILR for my Wife- currently on Tier1 general dependent

[tola45]

She may continue to extend as a PBS dependant until she is eligible for ILR.

hey vinny,
Good morning, i need your urgent help as i have read most of your advice to people and i can see those advice has really bring success to so many, i just a quick one i will like to narrate my wife and i case.
i am due for indefinite in december 2016.
in June 2008 my joined me in uk as spouse visa (student dependent) expired December 2010
2010 she renewed it to student dependant expire February 2012.
26 April 2012 she was granted post study work tier 1 dependant expired April 2014.
in April 2014 she put in private life on her own separately but was refused September 2014 and put appeal, appealed dismissed in March 2015, in march 2015 she put in fresh application tier 2 dependant after filing permission to upper tribunal and it was granted till April 2017.

Question:
my question now is if my indefinte leave to remain is granted in december 2016 can she also apply for indefinite under the rule of 287 since has spent 2years on PBS in April 2012 - April 2014.
also i will like to know if the rules is active i mean in existence.

i will be very grateful if you can help

[CR001]

No, she will be under the 5 year route as PBS dependent. She would only have been able to apply for your if she had NOT done a private life application on her own. Her clock for ILR starts on the date of her last Tier 2 Dependent visa.

On what basis are you applying for ILR (5 years residence or 10 years long residence)?

[tola45]

No, she will be under the 5 year route as PBS dependent. She would only have been able to apply for your if she had NOT done a private life application on her own. Her clock for ILR starts on the date of her last Tier 2 Dependent visa.

On what basis are you applying for ILR (5 years residence or 10 years long residence)?

10years long residence, her application for private life was not granted.

[CR001]

Her failed private life application would have broken her residence as your dependent and restarted when she got her new/current dependent visa as it was an application submitted and granted AFTER 9th July 2012.

Why did she submit a private life application if she had a PBS dependent visa?

If you are applying for ILR based on long residence, she cannot apply for ILR with you anyway and she will have to switch to FLR(M) and start a new 5 year route to ILR in this category (2 X 2.5 year FLR(M) visas) and she will also have to pay the £500 immigration health surcharge.

[tola45]

Her failed private life application would have broken her residence as your dependent and restarted when she got her new/current dependent visa as it was an application submitted and granted AFTER 9th July 2012.

Why did she submit a private life application if she had a PBS dependent visa?

If you are applying for ILR based on long residence, she cannot apply for ILR with you anyway and she will have to switch to FLR(M) and start a new 5 year route to ILR in this category (2 X 2.5 year FLR(M) visas) and she will also have to pay the £500 immigration health surcharge.

if you go over my initial message or first message i posted, she came into the country as student dependant June 2008, in Dec 2010 we both renew to tier 4 and she was still my dependant till Feb 2012, in Feb 2012 we renewed it to tier 1 post study from April 2012 - April 2014.
i don't think she has broken her residence as dependent, even as at that time our visa expired in April 2014 i submitted tier 1 entrepreneur and it was refused, i went for the appeal in feb 2015 and it was dismissed, had to put in permission to upper tribunal, while waiting for result from upper tribunal the company i work for decided to sponsor me, i withdrew my appeal to permission to upper tribunal and put in fresh application same day.
ok now this is my point since i submitted fresh application within 28days of my withdrawer of appeal my long residence still active which the same apply to her case.
I've seen a lot people on this forum that put in fresh application within 28days of the appeal dismiss and they clock 10years they get their ILR.

[CR001]

You said she put in an application based on private life and NOT as your dependent. When was she granted her current visa, what is date of issue?

[tola45]

You said she put in an application based on private life and NOT as your dependent. When was she granted her current visa, what is date of issue?

We had family issue in April 2014 that her post study dependant expired so decided she to submit private life but unfortunately the private life was not granted but given right of appeal and the was dismissed, within that 28days of dismissal we both put in fresh tier 2 application and it was granted in July 2015 (tier 2 dependant).
NOTE: she came into uk on tier 4 dependant in June 2008 and she has done 2years spouse visa in April 2012 -April 2014.
this now my question can she apply for indefinite after i receive my own approval (10years long residence).

[CR001]

fresh tier 2 application and it was granted in July 2015 (tier 2 dependant).

Her clock for ILR was likely reset to zero at this point and she will be on a 5 year route to ILR. If you apply for ILR based on long residence, she needs to switch to FLR(M) once your ILR is granted.

[tola45]

fresh tier 2 application and it was granted in July 2015 (tier 2 dependant).

Her clock for ILR was likely reset to zero at this point and she will be on a 5 year route to ILR. If you apply for ILR based on long residence, she needs to switch to FLR(M) once your ILR is granted.

What if she put in 10years long residence ILR in JUNE 2018 because she came into the country June 2008. I mean if she switch from FLR(M) to 10years long residence ILR.
Can see apply for her ILR to remain when she clock 10years?

[CR001]

Can see apply for her ILR to remain when she clock 10years?

Possilbe, provided she meets ALL the requirements (no period of overstay, absence limits, etc)

[tola45]

Can see apply for her ILR to remain when she clock 10years?

Possilbe, provided she meets ALL the requirements (no period of overstay, absence limits, etc)

Thank you really appreciate your quick reply, what are the requirement for FLR(M) if she want to apply after the my ILR approval. Also does the maintenance £18,000 will affect her if she want to apply for FLR(M).

[CR001]

Guidance Notes for FLR(M) (click)

Form FLR(M)

You need to meet the financial requirement of £18,600pa (if you don't have children, it is more if you have children). Wife needs English A1.

2 Years cohabitation documents.

[tola45]

Guidance Notes for FLR(M) (click)

Form FLR(M)

You need to meet the financial requirement of £18,600pa (if you don't have children, it is more if you have children). Wife needs English A1.

2 Years cohabitation documents.

sorry which one is 2 years cohabitation documents

[CR001]

Cohabitation documents is needed for FLR(M).