confusion over my wife's status..

[saqibs]

Hi Chaps,

I have really confused what to do in this instance. Actually whole story is:

I got hsmp visa on 26/02/2008 and came to UK on 20/04/2008. Got extenion in 2010 for next three year and now My visa is going to expire on 26/02/2013. I am going for ILR now.

I got married in April-2011, My wife got visa and came to UK in July-2011.
She is currently on same status as me and consider my dependent.

But She doesn't complete 24months so according to my information she is not eligible for ILR.

Now I am confused how and what visa should I apply for her. Need your experience help.

Many Thanks

[Simi UK]

Hi Chaps,

I have really confused what to do in this instance. Actually whole story is:

I got hsmp visa on 26/02/2008 and came to UK on 20/04/2008. Got extenion in 2010 for next three year and now My visa is going to expire on 26/02/2013. I am going for ILR now.

I got married in April-2011, My wife got visa and came to UK in July-2011.
She is currently on same status as me and consider my dependent.

But She doesn't complete 24months so according to my information she is not eligible for ILR.

Now I am confused how and what visa should I apply for her. Need your experience help.

Many Thanks

Hi, We are in the same situation.....the only thing is that I have my current visa valid till 2014 but my husband will change to ILR.

I discussed this with some of the solicitors and even on this forum....what I can suggest is that if your wife's visa is expiring this year you can get an extension as PBS dependent....if you apply for FLR she will have to wait for 5 years in order to become eligible for ILR as per new rules.

So the best thing is get her dependent visa extension and once she completes 24 months apply for ILR

[ban.s]

...if you apply for FLR she will have to wait for 5 years in order to become eligible for ILR as per new rules.

that's only applicable to new applicants - in OP's case the first dependent visa was issued 2011, prior to the rule changes, an FLR switch won't make it 5 years.

[Simi UK]

...if you apply for FLR she will have to wait for 5 years in order to become eligible for ILR as per new rules.

that's only applicable to new applicants - in OP's case the first dependent visa was issued 2011, prior to the rule changes, an FLR switch won't make it 5 years.

What I have gathered is that if you move to FLR than it becomes 5 years for you.....I may be wrong but this is the reason why they started PBS dependent extension!!!

So if you can get a PBS dependent extension why to go the FLR route!!

[Damanisshallo]

Read Page 34 for further clarification.

[innocentdevil]

nothing confusing about it. If your wife has not completed 2 years with you, then extend his visa using form FLR(M) and then when the 2 years are completed apply for ILR.

don't forget you need Spouse Test for FLR(M) and if she joined you in july 2011 then there is no financial requirement.

hope this helps.