Dependant status?

[catchmk]

Planning to apply for ILR soon.

WP (3 years) + Tier1 (2 years)

My wife's with me in UK for about 15 months. So i guess she cant apply with me. Is that right

What will be her status IF i get ILR? Will she still be on Tier 1 Dependant

[dimsav]

Generally, a dependant follows the status of a main applicant, once applied together. What is your current wife's visa?

I assume that she is a Tier 1 dependant. Then she needs to comply the 2 years requirement for the period of living together in the UK in marriage, see 319E(d). In your situation, you don't have this, I am afraid. So, you'll probably need to think of getting ILR for yourself and FLR for your wife as a spouse of a settled person. After 9 months (2 years in total) she should get ILR on her own...

You may also have a look at this thread.

[catchmk]

Thanks for your reply.

Do i still need to apply for her FLR even though she still has 1+ year left on her Tier 1 Dependant visa

And she will be eligible for ILR long before her Tier1 Dependant visa expires.

[dimsav]

Do i still need to apply for her FLR even though she still has 1+ year left on her Tier 1 Dependant visa

Quite a tricky situation... It seems that if you get ILR first, your wife needs to change her status to the spouse or civil partner of a person present and settled in the United Kingdom to be able then to apply for ILR on her own, see 287(a)(i)(d). This means FLR for her. Otherwise she wont be able to satisfy either this rule or 319(E), the latter stating a simultaneous application from you both explicitly. Perhaps, you should try to call UKBA to clarify this...