Spouse ILR dependent visa

[rahuls1]

Hi, I will qualify for ILR in June 2014, my wife is staying with me for 3 years in a tier 2 work visa. she has never been on a dependent visa , can she apply as ILR dependent during the same time

[Amber]

No, she will have to spend 5 years as a PBS dep or FLR(M) dep. The latter having a Financial and English requirement and only being applicable once you have ILR.

[rahuls1]

Thanks Amber,Can I apply PBS dependent or FLR(M) when my ILR application is being processed. Can I link my forms to this. My wife work visa will expire in June, so do not want to risk her stay here w/o a valid visa.

[Amber]

Well a PBS dep application should be made whilst you're a PBS applicant. Yes, for FLR(M) you can ask for a decision to be made after yours.

[rahuls1]

my PBS visa will expire in June 2014 and I have less than 6 months , can my spouse apply PBS dependent visa if the PBS visa validity is less than 6 months. Thanks

[Amber]

Yes, why not?

[vm81]

Hi Amber

Could you please advice:

I have received my ilr on 10 years basis now... My wife has been on dep visa since April 2005 (student dep until April '10 and then psw dep from april'10 till jan'11 and then tier 1 dep from jan'11 till now). Do you think we should be fine going for set(m) straight away at the PEO for her ILR?

Your help would be much appreciated.

Thanks
V

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave.

[vm81]

Vinny,

thank you for the information via link, and i have read all of that information - however, could i please clarify it in simple terms: does that i mean we can apply via SET (M) for my wife, considering above immigration history of her?

Thanks

V

[vinny]

No. SET(M) requires prior FLR(M) or settlement spouse visa status.

Under the Immigration rules, she may initially make a FLR(M) application and immediately follow with SET(M).

However, some PBS dependants have been lucky with SET(O) at a PEO.

[Kaleem Ahmed]

Hi All;
On 06/04/2014 the drastic changes have been made in immigration rules for pre 9th July, 2012 PBS dependents, if the main applicant gains indefinite leave to remain based on 10 years of long residence.
According to new rules those dependants cannot combine any time spent as PBS dependent with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted an FLR(M).
Under the new rules you have to meet the minimum income threshold of £18600 as well or even more if you have non UK born children.
There are lot of people who are being affected adversely with this change in rules.
We are now about to challenge the rule. Please come forward and join hands together for common cause and join us on Facebook page.
https://www.facebook.com/groups/716996288335740
Thanks

[Jmohammed]

Hi,
Can anyone help me with my Query. Thanks.
I got ILR in 10yrs long residency couple of months back and i am not sure in what category will i have to apply for my wife visa.
She came to UK on student depentant about 6 yrs back then changed to PSW dependant and presently she is on Tier 1 Enterprenuer dependant visa.
Now as i got ILR and now i want to change her status to ILR dependant but doesnt know what category does i need to apply. Moreover the UKBA website is very confusing.
Please if any one knows about it then let me know.
Many Thanks
Jaweed

[Casa]

You have posted in a very old thread. I'm moving this to the ILR forum as it doesn't apply to 'Settling In'