ILR combing Tier 1 dependent and FLR(M)

[shoaibsuleman]

My wife joined me as a Tier 1 general dependent in June 2011. Her Tier 1 general visa as meant to expire in Feb 2016, but because I change my status ILR on that time on LR basis she has to get the route of FLR(M), which h she got in June 2015 I think(We didn't wait till Feb 2016 as we were expecting a baby). Since that I got british citizenship and my Mrs first FLR(M) leave is about to finish she have to apply for an extension of spouse visa FLR (M) but before she does that

My question is
1) Can she apply for ILR as she stayed 4 years as T1 dependent and then 2.5 years on a spouse visa? Or she has to wait for whole 5 years spouse period to be completed and her 4 years of T1 won't count?

I spoke to a couple of lawyers and they said it is possible but it will be touch and go. They said it's in the home office discretion to give her ILR one of them also stressed that she doesn't need to apply for further spouse visa extension and she will be able to get ILR!

Appreciate if someone please help as I really dont want to caught an infinite loop of home office inquiries and really want my Mrs to get ILR asap.

Thanks
Sho

[CR001]

1) Can she apply for ILR as she stayed 4 years as T1 dependent and then 2.5 years on a spouse visa? Or she has to wait for whole 5 years spouse period to be completed and her 4 years of T1 won't count?

No she cannot. She has to spend 5 years on FLR(M) before she will qualify for ILR.

I spoke to a couple of lawyers and they said it is possible but it will be touch and go. They said it's in the home office discretion to give her ILR one of them also stressed that she doesn't need to apply for further spouse visa extension and she will be able to get ILR!

Nonsense. I hope you did not pay for such incorrect advice. The rules changed in April 2014 for PBS dependents whose partners got ILR based on long residence.

Dependents of ILR Long Residence Applicants (click)