ILR for wife

[angelloveguy]

My wife came here in UK in June 2008 on Tier 1 Post Study Dependant Visa and then we changed her visa into Tier1 General dependant in June 2010.
Now I got my ILR on 10 years long residency in Jan 2012 and she got her FLR(M) In december 2012.

I now want to know when she will be eligible for her ILR as she is now given 30 months visa and a letter from UKBA which came with her passport states that she first has to compelete 60 months and than she can apply for ILR?

is it true and corect?

Thanks

[Damanisshallo]

In your post you said your wife came to UK on PSW and then changed her visa to Teir 1 general which means she was never been on a dependant visa before and If this is the first time that your wife has got a spouse visa then yes they are right.

You've also mentioned that you got your ILR in Jan. had you made your wife's application a month before than when she did 06/08/2012(retrieved from other thread), she'd have qualified for ILR in 24 months. But because she's a post 9th July applicant she's fallen into new rules.

[angelloveguy]

Sorry I forgot to mention that she came here in Uk in June 2008 as my PSW Dependant and she stayed here since than as my depandant.

[Damanisshallo]

Sorry I forgot to mention that she came here in Uk in June 2008 as my PSW Dependant and she stayed here since than as my depandant.

it appears that PBS dependants where PBS migrant has received settlement under long residence will continue to need to switch to FLR(M) (which your wife has done) in order to apply for settlement as and when they become eligible. Such dependants should apply for FLR(M) before they travel outside the CTA or before their current leave expires (whichever occurs first).

In theory your wife's eligible for SET(M) as she's been on dependant visa for more than 2 yrs. please look for SET(M) guidance and I'd suggest you to speak to one of the customer enquiry guys for second opinion. Also see if you can book a PEO appointment so she can start running her clock towards naturalisation.