Maximum time duration to apply dependent's ILR

[rahi14]

Hi,

I intend to apply for ILR soon at a PEO . My wife is completely eligible for her dependent ILR as she has been with me in the U.K for the last 4 years. However, due to some minor apprehensions on my (main applicant's) application, I do not want to take the risk of another £675 as charges towards dependent ILR application at a PEO .I plan to apply for her ILR by post after I receive mine.

My query is if my ILR application is successful, is there a certain time duration within which my wife should file her application ? As I understand this at the moment, she should apply for her ILR before her current leave expires or before she travels out of U.K . Is that correct ? If yes, is there an official guidance I could refer to anywhere , as I couldn't find it on the UKBA website.

Thanks in anticipation

[Greenie]

What is your current immigration status? What is your wife's status? On what basis are you applying for ilr? When are you due to apply?

[rahi14]

I am on a Tier-2 ICT and my wife is a Tier-2 dependent. Our visas are valid till 2013 . I am applying on the basis of 5 year working in the U.K . I am due to apply in December.

Thanks

[geriatrix]

If you do not include your wife as your dependant in your settlement application:

1. If your settlement application is approved then she'll have to incur extra cost to apply for FLR(M) before she can apply for settlement (SET(M)).
2. If your settlement application is refused then you both continue to remain in UK on your current, valid Tier 2 leave.

[rahi14]

Thanks for the reply SushdMehta . However, could you please elaborate on "If your settlement application is approved then she'll have to incur extra cost to apply for FLR(M) " .

I assume you mean to say if she does not apply for settlement with me, she would first have to apply for an ILR dependent visa and then subsequently get it changed to an ILR . Is there any way with which she could straightaway apply for SET (M). For example, posting her application the very next day after I receive my ILR or any other alternative ?

Thanks in advance !!

[geriatrix]

Is there any way with which she could straightaway apply for SET (M). For example, posting her application the very next day after I receive my ILR or any other alternative ?

No. The only option is the one I have stated above.

[hondo1]

am in the same situation.

If ILR is approved is there a limit period that the spouse has to change her visa to Dependent of a Settled Person? Is the there a Home Office law /guidaince on this

[gidoc]

I do not want to take the risk of another £675 as charges towards dependent ILR application at a PEO .I plan to apply for her ILR by post after I receive mine.

Reflect on this again, you will actually incur more charges. Delay your application until youre confident you have everything in hand, then apply for both.

If ILR is approved is there a limit period that the spouse has to change her visa to Dependent of a Settled Person? Is the there a Home Office law /guidaince on this

Technically the original visa becomes invalid, if you call UKBA you will gett he same advice

[maaz81]

I am in a similar situation. I got my ILR few days back. I was on Tier 1 General visa. My wife is dependant on me. She went outside of UK for 4.5 months and she was completing her 2 years in mid of December 2011 so I thought to apply my ILR first and then after getting that I will apply for her ILR. Now, I am in big trouble. I have to pay for FLR (M) and also going to pay for her English test. I will be spending more than £1500 instead of £675.

I will strongly recommend, not to get your ILR until both of you are eligible. It'll save time and money.
Good Luck.