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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Dear Obi,Obie wrote:It will all depends on how long the person has already spent in the UK in a lawful capacity which will decides how long he or she has to wait before securing settlement.
If you are settled, then your spouse can go on the 5 years route (provided she has an extant leave to remain) and you meet the financial english language requirement,using form FLR(m) or she can apply on the 10 years route using form FLR(FP) under the 10 years route.
Obie wrote:How long is left before you qualify for ILR under Tier 1 General?
How long has your wife lived with you in the UK as a dependent under the PBS , including the 1.5 years as a tier 1 dependent?
She will have to start the clock again and wait for 5 years if you switch to the long residence provision.
If you stay under the PBS system, depending on whether or not she entered or received entry clearance before 9th July 2012, she may qualify under 2 years as spouse or 5 years if she applied and qualify under the rules in place after 9th July 2012.
If you continued under PBS, and obtained ILR under it, then the time already spent by your wife will be counted towards the 2 or 5 years. Otherwise she will have to start the clock again, or possibly rely on the 10 years rule aswell,
Obie wrote:That is correct.
If you apply for ILR, under long residence, your visa my probably be granted in February/ March 2015, and your wife will have to restart her clock again, and she may not qualify for ILR until 2020.
If you wait until February 2015 and apply for ILR, which you can do in January, over the counter, your wife will qualify for ILR in May 2018, rather than 2020, if you were to apply for ILR now.
It seems to me logical that you wait till 2015 January and apply for ILR and your wife later apply for extension until she has accrued 5 years of residence as the spouse of a PBS migrant.
Hi Vinny,vinny wrote:On what basis did you apply for ILR?
What is your wife's current immigration category?