ILR FOR SPOUSE

[ochman17]

Hello Immigration experts I need your advice. I will give as much detail as possible.

I will be applying for ILR in July 2017 using the 5 year T2G route.

My wife and I got married in the UK in August 2012 and have been living together ever since. Before we got married we were both on T1 PSW and shortly after, in August 2012, I switched to T2G. In January 2013, my wife had to leave the country and re-enter as my dependent on T2G. Visa issued valid from 30th Jan 2013 and she re-entered the country on 9th Feb. 2013.

Now, my wife's current T2G expires 14/12/2017 by which time she would not have completed 5 years living with me based on the fact that she re-entered the country on a spousal visa in Feb. 2013 (correct me if I'm wrong).

My question is what routes are available without having to loose the time (4 years and 11 months by Dec. 2017) we have spent together on spousal visa counting towards her ILR?

Would it be right to apply for her ILR within the grace period of her current visa (after 14/12/2017) so we fall into the '28 days before qualifying period' of co-habiting for 5 years thereby applying directly for ILR?

[CR001]

My question is what routes are available without having to loose the time (4 years and 11 months by Dec. 2017) we have spent together on spousal visa counting towards her ILR?

She can continue as a PBS dependent till she qualifies for ILR. You will need to apply for an extension for her.

Would it be right to apply for her ILR within the grace period of her current visa (after 14/12/2017) so we fall into the '28 days before qualifying period' of co-habiting for 5 years thereby applying directly for ILR?

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Her qualifying period starts on the date she ENTERED the UK in 2013 and NOT the date of visa issue. She must have valid leave to remain when she applies for ILR. There is no longer a 28 day 'grace' period. It has been reduced to 14 days.

[ochman17]

My question is what routes are available without having to loose the time (4 years and 11 months by Dec. 2017) we have spent together on spousal visa counting towards her ILR?
She can continue as a PBS dependent till she qualifies for ILR. You will need to apply for an extension for her.

Thanks for your prompt response. This means that even after I get ILR, she can still apply for extension as a PBS dependent?
Would this still be under the T2G dependent category?

[CR001]

Yes, to both your questions.

[ochman17]

Thanks for your response!

[CR001]

Thanks for your response!

The link below is useful and explains it for you including additional links to the relevant immigration rules where it states she can continue to extend her current visa.

immigration-for-family-members/dependan ... 14832.html