Spouse visa for Wife or ILR application???

[ap25912]

Hi there,

I need your guidance and advice to get a spouse visa / ILR which ever is most suited / applicable in case of my wife. I first came in to this country in Mar-2006 on work permit, in Jan-2009 I switched to tier1(general) and got ILR in Mar-2011.
My wife joined in May-2006 as a dependant on work permit. In aug-08 she went back to India to give birth to our daughter. She was on maternity leave for about an year and returned back in Jul-09 as a tier(1) general migrant, visa was stamped in Jan-2009. My daughter is dependant on my wife. My wife and daughter were also absent from this country again for a period of 4 months Apr-Jul 2010.

Now that I have ILR, I intend to apply for ILR for my daughter & wife. Are they elgible for ILR, all this period we have stayed together and I do have sufficient documentary evidence to prove that. I am afraid that I may have to go down the route to get spouse visa first by applying SET(M) form for probationary period of 2 years and after 2 years make an application for ILR. What are your views???

Also, inorder to fulfil english language requirement for spouse visa, does my wife have to take an english language test. AS she already holds a tier(1) visa and satisfies english language requirements in PBS, can the same bachelors degree certificate be utilised to satisfy english language requirement for spouse visa?

Can you please be kind enough to answer my two questions above (I repeat them below)
1) Wife's elgibility for ILR
2) is bachelors degree certificate which is on NARIC database sufficient to satify english requirement when applying for spouse visa.

I am all confused, can I include my daughter on set(M) form along with my wife's application.

Kind regards,
Anand

[vinny]

Unfortunately, her ILR clock reset once she entered the UK as a Tier 1 (General) holder. She may switch if she wants to.

[ap25912]

Thanks Vinny for your quick reply. As I undertsand I now need to submit FLR(M) form for my wife to switch to partner/ spouse status which shall provide a probationary status for 2 years. I will also be able to include my daughter in the same form Is this correct?

PBS calculator does award points for the degree that my wife holds and therefore I do not think that she needs to give english language test anymore.

I am now inclined to say that this is a straight forward application and do not suppose I need to get solicitor involved. Instead I am planning to make an in person application at one of the PEOs. What do you reckon???

Thanks for your help as always...

Anand

[vinny]

Yes. I believe your daughter may be included with your wife's FLR(M) application.

See also New Engish Testing for Partners.