When to Apply for ILR (Spouse Visa)

[FKO]

Dear Sir/Madam,

Currently I am holding Tier 2 (General) since jul/2013 and will apply for ILR by jun/2018.

My wife joined me as PBS dependent since mar/2014, therefore I understand she needs to wait until mar/2019 to apply for the ILR. Is this correct or she can apply as my dependent before completing the 5 yrs together with my current application in jun/2018?

In addition, my son was born in UK in June/2016 and currently holds PBS dependent.

I understood that I don't need to apply for my son's ILR as he can apply for citizenship after myself and my wife complete the ILR process. Is this correct?

Thanks

Regards
Fabio

[CR001]

No, your wife doesn't qualify to apply at the same time as you. She will need to wait till just before she reaches 5 year, counted from date of first visa start date.

No you don't have to apply for ILR for your son. You can register him as British once either parent gets ilr.

[FKO]

Thanks. Can I consider her Entry Clearance date (as shown in my wife's passport) to count the 5 yrs?

She's got her entry clearamce by Jan/2014, however she came to UK only in Mar/2014. From what I understood I can consider her Entry Clearance Date to count the 5 yrs. Is this correct?

Thanks

Regards
Fabio

[CR001]

Thanks. Can I consider her Entry Clearance date (as shown in my wife's passport) to count the 5 yrs?

She's got her entry clearamce by Jan/2014, however she came to UK only in Mar/2014. From what I understood I can consider her Entry Clearance Date to count the 5 yrs. Is this correct?

Yes.

[FKO]

Hi,

Currently I am holding General Tier 2 Visa (since 2013) and I will apply for my ILR by end of June (when I complete the 5 years' qualifying period). Hopefully to get my ILR sorted ou by July/August 2018.

My wife is currently under PBS dependent and I am planning to apply for her ILR by December 2018 (when she completes the 5 years period - in accordance to her Entry Clearance which was in Jan/2014).

Quick question: although her Entry Clearance was jan/2014, she just came to UK by march/2014 (so a gap of 70 days in total between validation and entry). From what I understood, she can apply for ILR 28 days before the Entry Clearance, which means somewhere in december 2018.

However as the gap between the date she really came to UK and her visa clearance application was 70 days (several weeks). I was wondering if applying by December/2018 could be a problem. If I consider her Entry Clearance date she completes the 5 years (4 years and 11 months to be precise) by December 2018, however if I consider the real date she came to UK (march/2014) it would be approximatelly 4 years and 9 months by December 2018).

I thought it was fine, however I just read the SET(O) Guidance, section 5 (When to Apply) and found the following statement:

'If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.'

This term 'several weeks or more' is not very precise, therefore I don't know if 70 days gap between entry clearance and real travel is acceptable. Currently I am counting the 5 years based on her Entry Clearance date and not the date she really came to UK. I hope this is fine.

Please could you advise?

Thanks
Regards

[CR001]

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[CR001]

She should then count from date of entry to the UK, so within 28 days before xx March 2019.

[FKO]

Thank you.

Does it make any difference (apart from the paper work) if I wait until my wife complete the 5 years then we apply for ILR together? I do mean, would it be easier to get both ILRs approved in one batch or it wouldn't make any difference for the HO caseworker when assessing my wife's case separate from mine?

She is totally dependent on my finance/contract history, i.e no bank account, no contract, very few UK data history, etc. From what I understood I will have to generate evidences (my bank statements, reference letters, paylisps) again for her application.

Thanks

Regards

[FKO]

Hello,

I hope I can get some advice from you.

I will apply for the ILR very soon (by July) and my wife might apply once she competes the 5 yrs (by Dec). By then I should be on ILR visa, however she would still be under Tier 2 dependent. Which form should I use for her as she will still be my dependent? Set(O) or Set(M)?

I understood Set(M) should be used only if her dependent visa was obtained AFTER I was settled...

Thanks
Regards

[FKO]

Hello,

Just found that myself and my wife will only complete the 5 years living together in UK by march 2019. This means that even if she completes the 5 years criteria (less 28 days), based on her visa entry clearance date, in December 2018, she wouldn't be able to apply yet for ILR as my dependent on december as we won't meet the 5 yrs living together in UK criteria.

Should I wait for my ILR aplication until we complete the 5 years living together in UK and then we apply together or maybe it is better to solve my ILR soon (June 2018) and then apply for her ILR later in march 2019? This sounds more work but less risky...

In this last case, does my wife need to have her own company financial and sponsor? She would be applying for ILR as my dependent as she won't have a sponsor apart from me...in the SET(O) it is not very clear how can I consider a dependent aplying after the main applicant has got the ILR.

I came to UK 7 months before my wife to settle the grounds and ensure all was fine before bringing her in.

Thanks

Regards
FKO

[CR001]

It makes no difference if you apply separately.

Set(O) is the form she must use for ILR if applying on her own after you get ILR. She DOES NOT need a sponsor for ILR and if applying on her own, she is the main applicant.