ILR soon - can dependent also apply or not ?

[rshelar]

All,

I shall be applying for ILR shortly. My current leave is Tier 1 General and my wife is on Tier 1 Dependent.

We havent completed 2 years of cohabitation so I understand she wont be eligible for getting ILR with me and will have to extend her current leave.

Can someone clarify how this will work -

1. Will she be able to apply with me when I apply for ILR to extend her leave

2. Is she required to apply separately after I get my ILR to extend her current leave or switch to spouse visa?

3. Is spouse visa and dependent visa the same ?

What is the best plan of action.

Thanks

[wpilr_nov12]

Read Q 12 onwards at http://www.immigrationboards.com/viewtopic.php?t=79378

[rshelar]

Thanks.

I had a look at http://www.immigrationboards.com/viewtopic.php?t=114832

It has
b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler (e.g. - only maintenance funds to be shown, no English language requirement).

From this, I understand that she can extend current leave or apply for FLR(M). but my query regarding if she can apply with me or needs to apply after I get my ILR still remains.

Does anyone know if she can or cannot ?

Thanks

[wpilr_nov12]

She could apply on the same day as you apply, provided you get your approval first.

She definitely needs to apply before her current leave expires.

[pegakrishna]

My scenario is same as rshelar...

My wife just arrived in UK this month on Tier 1 G dependent and I'm on Tier 1 G.

For example, I will be qualify for ILR in Sep 2013 and if I plan to apply in Sep' 13 , can my wife will continue to remain Tier 1 dependent visa until her visa expires ?

If Yes to the above, what visa category does she needs to apply further extension to leave ??

Or Is she need to apply FLR once I get ILR status ??

Pls advise

[rshelar]

wpilr thanks for your reply.

I should have made myself more clearer.

What I meant to ask was, can she apply to extend her current stay along with me.

So if I select PEO appointment can I select 1 dependent? or would she need a separate appointment.

Would that mean I pay less fees. The whole point of asking this is saving some £.

Thanks in advance.

[wpilr_nov12]

If she is not applying as your dependent ( which implies both are NOT applying for the same thing) then those are two separate appointments/forms/fees.

[rshelar]

Hi...

I have a question regarding when my wife will be eligble for ILR.

I plan to apply ILR for myself next month since we have not been cohabiting for 2 years.

My initial plan was that after I get the ILR my wife would apply for FLR M to extend her stay and then apply for her ILR in Sept 2013 when she completes two years of stay with me.

She is currently on Tier 1 Dependent.

However I was advised by a solicitor that this will not be the case and she will have to wait for 5 years after her FLR M to apply for ILR since she will not be a dependent of a Tier 1 holder.

Is this true ? Can someone please confirm this? What is the best option to avoid waiting for 5 years.

she has been in UK for 6 years, but we have been married for 2 years, of which cohabitation is 1.5 years.

Thanks

[rshelar]

Can someone please clarify if she can extend and apply in 6 months of will have to wait for 5 years ?