ILR for Dependent on Spouse visa

[gaurav.gangwani]

Hi All,

My Wife joined me in UK around Dec 2010 on Tier-1 dependent visa (PBS) and then I got my ILR approved in June 2011, after about a week I got her visa changed from Tier-1 dependent to spouse visa of a settled person using FLR(M) where she also got a Bio-metric card.

Now the question is whether to apply for her ILR in December 2012 when she completes 2 yrs as combination of Tier 1 Dependent and souse visa of settled person or should I wait for June 2013 when she will complete 2 yrs on spouse visa of a settled person?

Ideally the Tier-1 dependent and Spouse Visa both are point based dependent visas so she should legally be able to apply in Dec 2012 when she completes 2 yrs in UK, but I can't find anything on specific to this on UKBA website which would confirm my assumption.

Appreciate if a Guru or someone with similar experience has applied can please comment.


Thanks in advance.

Gaurav

[Lucapooka]

She can apply in December this year. Immigration paragraph 287(a)(i)(d)

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:
(i)
[...]
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

[gaurav.gangwani]

Hi Lucapooka,

Thank you very much for the quick reply and confirmation.

Also to check again, I should be using form SET (M) and show 6 proofs for living together and her Life in UK certificate?

Is there any requirement for minimum salary we both should be earning together ?

And last question is whether she will also be allowed to apply in person around 28 days before she completes 2 yrs in the UK ?

Thank you

[Lucapooka]

Yes; no; yes.