ILR or FLR(M) for my wife

[tanveerym]

Hi
I recently got my ILR on 14th May, 2012. Prior to that I was on Tier 1 General Visa (and before that on Work Permit). My wife came to the UK as a Tier 1 dependent on 30th July 2010 which means she should be eligible for ILR on the 30th of July, 2012.
Her current Tier 1 Dependent visa expires in November 2012. But having phoned UKBA customer services, I have been told to apply for FLR(M) and then wait for another 2 years on this visa before applying for the ILR for my wife.
Please could somebody confirm, if this is true?
Thanks
Tan

[geriatrix]

FLR(M), and then SET(M) when 287(a)(i)(d) is met (July 2012).

[adnantps]

firstly u shudnt have got ILR as it makes yr wifes visa invalid... u cud have delayes yr ILR to a mamimum so that its like 1 month left in 2 years and shud have applied at the same time.... case wrk4er might hv applied dscretion...

my wife was 10 days short of 2 years .... as per the rules they r right as yr wives tier 1 dependent is invalid....

Hi
I recently got my ILR on 14th May, 2012. Prior to that I was on Tier 1 General Visa (and before that on Work Permit). My wife came to the UK as a Tier 1 dependent on 30th July 2010 which means she should be eligible for ILR on the 30th of July, 2012.
Her current Tier 1 Dependent visa expires in November 2012. But having phoned UKBA customer services, I have been told to apply for FLR(M) and then wait for another 2 years on this visa before applying for the ILR for my wife.
Please could somebody confirm, if this is true?
Thanks
Tan

[Greenie]

The time spent by his wife as a tier 1 dependent will count towards the 2 years for ilr as explained in the links provided above. The op's wife does not need to wait another twenty years.

[geriatrix]

as per the rules they r right as yr wives tier 1 dependent is invalid....

I believe that her PBS dependant leave remains valid her leave is curtailed (323) or expires or she's subject to removal. However, if she travels, then she may be refused entry because her circumstances (321A(1)) or purpose (320(5)) have changed.

[adnantps]

i saw a post here where the home office advised the person that the dependant visa is invalid and he had to apply for FLR(M) within 28 days of the ILR.. and there was no such rule written any where..... but uve posted valid links... u probably knw more than me

as per the rules they r right as yr wives tier 1 dependent is invalid....

I believe that her PBS dependant leave remains valid her leave is curtailed (323) or expires or she's subject to removal. However, if she travels, then she may be refused entry because her circumstances (321A(1)) or purpose (320(5)) have changed.

[Greenie]

even if the '28 days' to switch was correct (which it isn't) the OP only got ILR 6 days ago.

[tanveerym]

First of all would like to thank you all for your inputs.

I am in a real dilemma here. Taking your advice I started to fill in the FLR(M) form, but one of the requirements on it is the English Language requirement. My wife does not have a Bachelors Degree which means she will have to fulfil one of the English Test requirements (IELTS or KET).

Tried looking for the dates for these tests and the earliest I can get is 30th of June which is beyond the 28 days. I was under the impression that Life in the UK test (she has cleared this one) which is a requirement for ILR is enough but it seems like they do not consider it for FLR(M).

What is the best way to proceed??? Please help.....Also please suggest which is the easiest and best option for English Language requirement???

P.S.: We are not looking to travel anywhere and wife has a tier 1 dependent visa until November 2012.

A quick Update: Been on the phone to UKBA and what they have suggested that because it is a grey area and it is only a matter of a month, I should directly apply for Settlement for my Wife 28 days before she came to the UK. They said applying for FLR(M) for 1 month doesn't make sense as the visa is valid till November 2012.

[geriatrix]

Grey area indeed ... as the policy guidances mention nothing about dependants falling short of the 2 year residential requirement by a few days due to some reason (e.g. - delaying entry in UK).

I believe there was a case posted a couple of days ago where the spouse was short of the 2nd anniversary of arrival by 10 days ... and was granted settlement as a dependant of a PBS migrant at the same time.

Here it is:

My wife was 10 days short of completing 2 years in UK.

But "how short" is acceptable, in absence of any published public guidance, depends on the caseworker's interpretation.

Let us know how you get on.