ILR for dependent wife

[baskey]

Hi,

This query i am writing on behalf of my friend. He is a british citizen and his wife is under 2 yrs dependent visa which is going to end Sep 2005.

1. Is it possible to apply ILR, at the end of current 2 yrs FLR
2. If yes, how many weeks before she should apply and what form to use
3. Also she is now claiming child benefit. Actually he has applied for child benefit but it is coming on her name ( quite fishy to me) will it be a problem when she applies for ILR.

Thank you very much for your answers.

Regards,

Baskey

[John]

Hi, I think the first thing to say is that she does not have a dependent visa .... she has a spouse visa.

Then using your numbering :-

1. Yes
2. Form SET(M) should be used. The application can be submitted no earlier than 28 days before the expiry of the current two-year spouse visa.
3. She really should not be the Child Benefit claimant. But I don't understand, if her husband submitted the claim, how is she the claimant? Could it be the case that her husband has merely requested the money to be paid into her bank account? If so, that does not make her the claimant. Or are you confusing Child Benefit and Tax Credits? Because for Tax Credits, the claim for which must be submitted jointly by a couple living together, she is allowed to be a joint claimant, married to a British Citizen, without that affecting her visa.