Need Help! Swicting wife directly from PSW to ILR dependant

[niranhopper]

Hi all

My wife so far has lived under her Post Study Visa and now i want to make her my dependant.

My ILR is due in Feb and her Post study visa expires by the end of march. I have planned to get my ILR first (using SET-O) and then apply for my wife's dependant VISA (using FLR-M). Is it correct? will the time she has spent so far under study VISA count towards her 5 year ILR period? Also this being the first application as a dependant, can she apply being her in the UK?

Thanks

[niranhopper]

Hi. Any help or pointers guys. dont have much time left. Thanks

[harshil223]

I think in order to have your wife become your dependent after you get ILR, her entry should have been as your dependent.
I am not sure if that is applicable for post study visa but I found it definately true when my wife who is here on Tier-1 visa wanted to become my dependent after I got ILR.

[niranhopper]

Hi

Thanks for the reply.

I am bit confused her. i read the rules and it says as follows,

Link http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

You cannot apply to extend your leave to remain if you are in the UK:
as a visitor;
with permission to stay for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner);
on temporary admission; or
in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).

However my wife entered on a Post study visa which is valid for 1 year (which is greater than 6 months)

So would it still mean that she cannot apply in UK.

What other option do i have? Should i ask her to go back to India and apply from there?

Thanks