Applying for ILR while on visit visa

[qwerty10]

Hi,

My wife was dependent on me on Tier 1 visa but when I got ILR I did not apply for her FLR(M) thinking that we will apply for her ILR on 10 years basis.

She had also completed her 10 years of continuous leave from September 2001 - September 2011.

She had to leave country due to some family emergency on 18 August 2012. Her previous Tier 1 dependent visa is valid till 10 Feb 2013 but as she has left UK so she need to apply for spouse visa before getting back to UK.

The problem is that spouse visas are taking quite long (close to 6 months) from abroad to process so I was thinking her to get here on visit visa and then apply for her ILR.

She won't be back before at least March 2013 (more than 6 months since she left UK) but I believe this is not a problem as she completed her 10 years period before departing UK.

can someone please tell me if it is valid to get her here on visit visa and then apply for ILR?

Thanks

[geriatrix]

The application may be refused because of 41(ii).

[qwerty10]

We will not mention this in the application.

We will simply state that she is coming over for 2 weeks and will return after that?

We have 2 children who are British national so they will be coming with her as well.

What do you think?

[geriatrix]

What I have quoted is a specified immigration rule relevant to visitors. It does not require to be stated in an immigration application. By making a settlement application, you'll be evidencing that you intend to breach a specified immigration rule relevant to the category under which the applicant is in the UK. Hence, the element of risk.

[crazyvish]

qwerty10, will your wife not return before 10 Feb 2013? Can't she use the existing dependant Visa to come back?

[qwerty10]

No she cannot come on her current visa as that was granted when i was on Tier 1. As i switched to indefinite leave to remain so she had to file flr(m) before leaving uk.

If she try to return then it is on the discretion of immigration control to grant her entry or not but we dont want to take risk.

[Greenie]

It is in my opinion a better risk to take than applying for a visit visa when she has no intention on coming here as a visitor.

[crazyvish]

qwerty10, I don't think the immigration officer is going to send her back. Is your name present in your wife's passport as her spouse? In addition to this she could carry a marriage certificate too.

[Su_623]

I am sorry, if I am not wrong you should immediately change your wife immigration status, as you are now ILR and your wife should be either ILR dependent as her TIER-1 dependent visa will be invalid.

As you have ILR now how can she be still Tier- 1 dependent.

I am not sure about this but there is something that is not right.