ILR for my wife (Dependant - Tier 1)

[maaz81]

Hi guys,

I have just been granted with ILR and my wife visa will need to be changed in to FLR (M). My wife is finishing her two years period in December 2011. Her current visa is: Dependant Tier 1 which is valid until 31 Mar 2012.

I am quite confused, I do not want to spend more money on FLR (M) as doing so will need her to pass ESOL / IELTS. Is there any way, I can apply for her ILR in Jan 2012 without having FLR (M) done, as her current leave does not expire until 31 Mar 2012.

Also, she has a break of around 4 months in last year. Speaking to Home Office enquiry bureau, they said as long as it is less than 180 days in past two years, it should not be any problem.

Please guys can you help me on this. If you think I should have FLR (M) done before I can go for ILR then I am happy to do it but it will cost more money and time in English test.

Cheers,
Maaz

[Lucapooka]

There is no alternative. The immigration rules offer no scope for PBS dependants to apply for ILR individually (ie in a any situation that is not a joint application with the PBS migrant). Your wife must apply for leave to remain under paragraph 284 of the rules and then apply for ILR under paragraph 287(a)(i)(d), when she completes her two year residence period.

The break is not relevant.

[maaz81]

Ok - thanks Lucapooka. I will do as you advice.

So the two year period will be from January 2010 until 26 Oct 2011 on Dependant Tier 1 and then FLR (M) up to December 2011/ January 2012.

Cheers,
Maaz