Dependants of ILR (long residence) applicant

[mazhar-uk]

My status:

14-02-2001 to 28-03-2001 Visitor
09-09-2001 to 28-04-2008 Student
28-04-2008 to 30-03-2011 Tier 1 (General)
30-03-2011 to date Tier 2 (General)


Status of My wife and two sons (under 18 )

02-06-2003 to 28-04-2008 Student dependants
28-04-2008 to 30-03-2011 Tier 1(General) Dependants
30-03-2011 to date Tier 2(General) Dependants


My daughter was born in UK in April 2005.

I have just applied for ILR under 10 years long resident category and is expecting to receive my passport in next few weeks.

My wife has spent at least three years as a Tier 1(General) Spouse and is now on Tier 2(General) spouse visa.

Why is she not eligible for ILR yet? Does it mean that her time as a dependant of PBS will not be considered and she will have to spend another 2 years as a spouse of a person present and settled in UK?

Your advise is much appreciated.

thanks and regards

Mazhar

[geriatrix]

Why is she not eligible for ILR yet?

There is no provision in the immigration rules for dependants when applying for settlement under long residence. See also section 9.

Does it mean that her time as a dependant of PBS will not be considered and she will have to spend another 2 years as a spouse of a person present and settled in UK?

In light of this, yes (287).

[Greenie]

Why is she not eligible for ILR yet?

There is no provision in the immigration rules for dependants when applying for settlement under long residence. See also section 9.

Does it mean that her time as a dependant of PBS will not be considered and she will have to spend another 2 years as a spouse of a person present and settled in UK?

In light of this, yes (287).

Sorry sushdmehta I may have misunderstood your answer, but my opinion the answer to OP's question is that the wife will need to switch on form FLR(M) but can use time spent as a tier 1/2 dependent towards her two years to qualify for ILR under 287

[mazhar-uk]

Why is she not eligible for ILR yet?

There is no provision in the immigration rules for dependants when applying for settlement under long residence. See also section 9.

Does it mean that her time as a dependant of PBS will not be considered and she will have to spend another 2 years as a spouse of a person present and settled in UK?

In light of this, yes (287).

Thanks you for your quick response Sushdmehta but I am sorry I am still confused.

nadeemshafiq's situation is that his wife have not yet completed her 2 years as a PBS migrant dependant.

My situation is that my wife is living in UK for more than 3 years as a PBS dependant. Can we use this time and apply for ILR?

thanks and regards.

Mazhar

[Greenie]

Why is she not eligible for ILR yet?

There is no provision in the immigration rules for dependants when applying for settlement under long residence. See also section 9.

Does it mean that her time as a dependant of PBS will not be considered and she will have to spend another 2 years as a spouse of a person present and settled in UK?

In light of this, yes (287).

Thanks you for your quick response Sushdmehta but I am sorry I am still confused.

nadeemshafiq's situation is that his wife have not yet completed her 2 years as a PBS migrant dependant.

My situation is that my wife is living in UK for more than 3 years as a PBS dependant. Can we use this time and apply for ILR?

thanks and regards.

Mazhar

Yes she can use the time spent as your tier 1/2 dependent but she needs to switch on form FLRm first.

[mazhar-uk]

Why is she not eligible for ILR yet?

There is no provision in the immigration rules for dependants when applying for settlement under long residence. See also section 9.

Does it mean that her time as a dependant of PBS will not be considered and she will have to spend another 2 years as a spouse of a person present and settled in UK?

In light of this, yes (287).

Thanks you for your quick response Sushdmehta but I am sorry I am still confused.

nadeemshafiq's situation is that his wife have not yet completed her 2 years as a PBS migrant dependant.

My situation is that my wife is living in UK for more than 3 years as a PBS dependant. Can we use this time and apply for ILR?

thanks and regards.

Mazhar

Yes she can use the time spent as your tier 1/2 dependent but she needs to switch on form FLRm first.

Thank you very much guys. I really appreciate your advise. Jut do one more favour and check if I have not missed anything here.

On the basis of this discussion the best course of action is:

- To apply to switch on FLR (M) for my wife and my two sons as soon as I receive my passport with ILR.
- Once they switched over to FLR (M) and they receive thier passports back, apply for ILR without waiting for another 2 years.


thanks and regards

Mazhar