Tier1(General) Then Family of Settles person..Whats Next ??

[anotherone_waiting]

Hi guys,

I have been a big fan of this forum and it has helped me all these years. I got a rather strange query this time around.

My Mrs joined me in the UK in March 2013 as Tier 1 dependent since i was on Tier 1 General Visa. In May 2014 i got my ILR. Since My wife's VISA was only valid until i had my VISA valid we applied for her Tier 1 dependant extension based on my ILR.

Since i was no longer on the VISA Home office refused my wife's dependent application under Tier 1 General (though we didnt have to resubmit the application or pay for it)and granted her Family of settled person's visa (Guessing as i was on ILR) for 2.5 years which is due to expire in November 2016 (another 8 months). And then she can apply for further 2.5 years in order to complete her 5 years to be qualified for ILR.

Now i am a British National since August 2015.

So the question i have is which VISA should we apply for her next?? Should i apply for her current Visa (Family of settled person) ? Doing so i am scared of Home office refusing her visa yet again since i am no longer a settled person but a British National now.

Considering i am British national and she has completed her 3 years legally in this country should she be able to apply for her ILR straight away?

In Simple terms my wife would have spent 3.9 years ( 1.4 years (Tier 1 Dependent) + 2.5 years (Family of settled person)) by the time November comes around?

Would appreciate any suggestions or guidance since its very confusing and all over the place

[CR001]

HO should not have refused her PBS Dep visa as it appears you obtained ILR based on 5 years residence and NOT 10 years long residence.

She needs to apply for an extension of her spouse visa on form FLR(M) for a further 2.5 years. She needs 5 years on spouse settlement visa before she qualifies for ILR.

Spouse settlement visa is the same whether you are on ILR or British. No other category that she needs to apply in.

[anotherone_waiting]

HO should not have refused her PBS Dep visa as it appears you obtained ILR based on 5 years residence and NOT 10 years long residence.

She needs to apply for an extension of her spouse visa on form FLR(M) for a further 2.5 years. She needs 5 years on spouse settlement visa before she qualifies for ILR.

Spouse settlement visa is the same whether you are on ILR or British. No other category that she needs to apply in.

Does it mean 1.4 years she spent on Tier 1 dependent that is waste and wont be accounted towards her ILR? Also is it not the law that if you are married to a British national for three years you will be granted ILR ?

Thanks in advance

[CR001]

Does it mean 1.4 years she spent on Tier 1 dependent that is waste and wont be accounted towards her ILR?

What date was her visa spouse settlement visa issued? But yes, likely she has lost the time spent as Tier 1 G Dependent and will have to spend 5 years on her current visa category.

Also is it not the law that if you are married to a British national for three years you will be granted ILR ?

No, it is not law. What you might be getting confused with is that she could apply for citizenship as spouse of BC which is based on 3 years residence but to apply for citizenship, she needs ILR and that takes 5 years (for spouse applications made after 9 July 2012). Prior to this date in 2012, spouse visa was only for 2 years, then 1 ILR and then citizenship.