ILR Dependent with indipendent Tier1

[Gagan3456]

Hi
I will be applying for ILR in near future with my spouse. My spouse has her own tier 1 but I want her ILR to be applied as dependent. What extra documents if any I would need to present in such case?

[Lucapooka]

She can't apply for ILR with you because her immigration status is that of a PBS migrant rather than as a PBS dependant. She will have to apply for ILR individually as a PBS migrant by meeting all of the requirements for points/salary etc. Alternatively, she can apply to be your PBS dependant from outside the UK before you get ILR yourself; or, after you have a been granted ILR, she can apply to be your dependant from inside the UK. Either way, she will then need complete another five years in that new immigration category before she becomes eligible for ILR.

[Gagan3456]

Thanks Lucapooka
Can you point out this rule on Home office site? I couldn't find any written reference to this rule.

[uksettlement]

Hi Gagan,

Lucapooka is absolutely correct. Your wife cannot be included in your ILR application as you dependant as she isn't a dependant on that visa. However, if she converts her visa into a dependant visa then her period of co-habitation could be counted and she will be eligible to apply with you.

Can I include my dependants in my application?
You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately.

However, if you are applying on the basis of long residence, you may not include any dependants in your application. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, they may apply for temporary permission to stay in the UK using application form FLR(M) - if they do this, they can include any children under 18 as their dependants. For other options, see the detailed Guide SET(O).
Source: http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/