What happens to dependants if main migrant's status changes

[kancan]

Hi everyone, maybe this question has been covered a few times please bear with me bringing it here for another time... I am currently on Tier 1 General and planning to make my wife dependent on me with T1G Dependant. I will be eligible for applying ILR at the end of this year however her T1G Dependant visa will still be valid for another half a year after that. My question is does she need to go back to her own country and apply for spouse visa as soon as my visa status changes from T1G to ILR? Can she go on staying in UK for another few months before the out country switch? Many thanks guys!

[Greenie]

She should switch in country using form FLR(M) once you have got ILR. Alternatively she can apply for FLR(M) a the same time as you apply for ILR and you should request that your application is considered first.

[vinny]

After you're granted ILR, she may swiitch within the UK.

Note that if she has been living with you for at least two years, then as a T1G Dependant, she may apply for ILR together with you. Else, if she has leave remainding under T1G, there's no point in becoming a T1G dependant before switching to FLR(M).

[Greenie]

my reply assumed that she will not have been living with him for 2 years as his tier 1 G dependent given that according to OP's post, she does yet have leave as his dependent and he qualifies for ILR at the end of this year.

[kancan]

Thanks for both of your replies. The problem that upset me is we do have stayed together for nearly four years in UK despite on our respective Tier 1 General since married but we didn't keep ANY of the previous letters, bills etc for cohibitation evidence! Moreover, my wife will not be my dependant for long enough to be two years by the time of my ILR application.

So, my new question is, can switching from Tier 1 General to FLR(M) be done within UK??? I was thinking the applicant must apply out country for an entry clearance.

[Greenie]

Thanks for both of your replies. The problem that upset me is we do have stayed together for nearly four years in UK despite on our respective Tier 1 General since married but we didn't keep ANY of the previous letters, bills etc for cohibitation evidence! Moreover, my wife will not be my dependant for long enough to be two years by the time of my ILR application.

So, my new question is, can switching from Tier 1 General to FLR(M) be done within UK??? I was thinking the applicant must apply out country for an entry clearance.

switching refers to applications made from inside the UK.
FLR(M) is only for in country applications.
Yes she can switch from tier 1 general to spouse of a settled person from within the UK as per my earlier reply.

It is only if she wanted to change to be a tier 1 dependent that she would have to apply for entry clearance. given that she won't qualify for ILR with you there is no point in her doing this.

[kancan]

Thanks for both of your replies. The problem that upset me is we do have stayed together for nearly four years in UK despite on our respective Tier 1 General since married but we didn't keep ANY of the previous letters, bills etc for cohibitation evidence! Moreover, my wife will not be my dependant for long enough to be two years by the time of my ILR application.

So, my new question is, can switching from Tier 1 General to FLR(M) be done within UK??? I was thinking the applicant must apply out country for an entry clearance.

switching refers to applications made from inside the UK.
FLR(M) is only for in country applications.
Yes she can switch from tier 1 general to spouse of a settled person from within the UK as per my earlier reply.

It is only if she wanted to change to be a tier 1 dependent that she would have to apply for entry clearance. given that she won't qualify for ILR with you there is no point in her doing this.

Thanks for this detailed explanation.