spouse of settled person (ILR granted under long residence)

[rootrock19]

Hi All,
I applied to ILR -10 years rule (student-->PSW-->Student) on 15 July 2011 and got my passport on 19 Sept 2011 with ILR stamp issued on 08 Sept 2010.

My wife joined me over 2 years ago as PSW dependant. At the moment she is on a student dependant visa valid until April 2013. Now that I have got my Indefinite Leave to Remain, I would like to know if she can also apply for ILR.
Your reply would be highly appreciated.

For those willing to know the documents I submitted; they are:

1. Completed application form
2. Life in UK test report
3. air tickets to and from UK (included the tickets because some entry stamps in my passport were missing)
4. Passport

[Lucapooka]

She first applies for leave to remain on FLR(M) and then she applies for ILR on SET(M) after she has completed two years of marriage and residence in the UK. From what you have said she could apply for ILR soon if not immediately after she is granted FLR.

[rootrock19]

Hi,
Thanks for your reply. Could pls provide me a clarification on whether she she should apply for FLR (M) or SET (M). At the moment she is on a Student dependant visa and has been in the UK for more that 2 years as my spouse. I would like to know whether the TWO YEAR rule applies in this case. My current visa status is Indefinite Leave to Remain.

Thanks.

[Lucapooka]

Paragraph 287(a)(i)(d) shows how she is eligible for ILR if she first switches under 284. She does not have to spend 2 years on that new status; she merely needs to have that immigration status and have made two years as your wife and been resident (both)

Wheras paragraph 319E offers no scope to apply for ILR unless she is applying jointly with a PBS migrant (which she isn't).

[rootrock19]

Thanks a lot for your info.
Thank you.

[aosun007]

Paragraph 287(a)(i)(d) shows how she is eligible for ILR if she first switches under 284. She does not have to spend 2 years on that new status; she merely needs to have that immigration status and have made two years as your wife and been resident (both)

Wheras paragraph 319E offers no scope to apply for ILR unless she is applying jointly with a PBS migrant (which she isn't).

Can someone who was on tier 1 general before and now switched to spousal leave to remain and living with a wife of more than 3 years who has indefinite leave to remain combine period spent in Tier 1 and FLR(M) together to apply for ILR instead of completing 2 years on FLR(M).Regards

[aosun007]

Paragraph 287(a)(i)(d) shows how she is eligible for ILR if she first switches under 284. She does not have to spend 2 years on that new status; she merely needs to have that immigration status and have made two years as your wife and been resident (both)

Wheras paragraph 319E offers no scope to apply for ILR unless she is applying jointly with a PBS migrant (which she isn't).

Can someone who was on tier 1 general before and now switched to spousal leave to remain and living with a wife of more than 3 years who has indefinite leave to remain combine period spent in Tier 1 and FLR(M) together to apply for ILR instead of completing 2 years on FLR(M).Regards

I don't think it's possible,2 years has to be completed as spouse of settled person with permission to remain in that category,i just reconfirmed from the UKBA website now.Thanks

[osteophytes]

Paragraph 287(a)(i)(d) shows how she is eligible for ILR if she first switches under 284. She does not have to spend 2 years on that new status; she merely needs to have that immigration status and have made two years as your wife and been resident (both)

Wheras paragraph 319E offers no scope to apply for ILR unless she is applying jointly with a PBS migrant (which she isn't).

Can someone who was on tier 1 general before and now switched to spousal leave to remain and living with a wife of more than 3 years who has indefinite leave to remain combine period spent in Tier 1 and FLR(M) together to apply for ILR instead of completing 2 years on FLR(M).Regards

I don't think it's possible,2 years has to be completed as spouse of settled person with permission to remain in that category,i just reconfirmed from the UKBA website now.Thanks

2 years can include PBS dependent status and spouse status but not PBS status