My ILR is due and my wife is on my tier 1 dependent visa

[adeelhanif]

Hi All

I urgently need help in understanding this issue which I am currently struggling to understand. Below are few question if any one can help me with;

1) My ILR is due and I am planning to apply soon do I need to switch my wife's visa?
2) My wife got the Tier 1 in July 2012 (She applied before 9th july 2012) i.e. before the 5 year rule came into force - if I switch her visa to FLR(M) will she still be on the old rule i.e. that of staying in UK for 2 year before she can apply for ILR or will she fall into new category of 5 year rule.

Can any one please help me with my questions above? Your response will be appreciated.
Many Thanks
Ady

[crusador0408]

hi,
The subject of your post says your wife has tier 1 dependent visa but your 2 point says Tier1. I am assuming its tier1 dependent visa.
1) You can apply for ILR, and your wife is eligible for ILR if you have spent 2 years together in UK lawfully. If not, wife will have to apply for Tier 1 dependent visa extension.
2) She will use Tier1PBS form not FLR(m).

That's all I know, I may be wrong though...verify it on your own!

[adeelhanif]

Hi Crusador
Thanks for replying- yes sorry I meant in my point 2 Tier 1 dependent- she does not qualify for ILR as she hasn't completed her 2 years yet. The main question is even if I extend her visa will she then have to complete her 5 years (based on te new rule which came in July 2012) to get the ILR or she will still be on the two year rule- please note that she got here tier one dependent visa initially before the new rule came into effect.
look forward to hear from u.
Many thanks

Adeel