ILR for my wife

[mateen123]

I have a question regarding ILR visa processing for my wife.

I’m on a Tier-1 (general) Work permit in UK. I got married on 26 Dec 2010 and my wife entered UK in May 2011 as Tier-1 dependant visa. She was with me in UK until Jan 10 2012 after which she went to India for personal reasons

During this time my I had applied for an extension (which unfortunately got delayed due to huge number of applications) and by the time I got my extension it was end of March 2012. While I was waiting for my extension to arrive my wife’s visa expired and by the time she applied for her extension it was few months beyond the expiry date

And when my wife applied for extension her visa was refused (as the visa office wasn’t convinced that we are still married), after which I had to file an application in the court to reconsider the visa refusal. But the court decision was getting further delayed so I decided to re-apply for extension on July 15 2012 and by the time my wife got visa it was end of July 2012. And by this time new rules appeared that any dependants getting visa after 1st July 2012 will have to be on dependant visa for five years before getting their ILR.

I’m applying for Indefinite Leave to Remain permit in Feb 2014.

Now I'm being told that my wife will have to fit in the new rules and will have to be on Tier-1 dependent visa for five years before she can get an ILR. This seems very strange for me.

Is there anything that can be done to avoid this situation, like for ex: proving that she went to India for medical reasons etc.

[Damanisshallo]

Unfortunately not. Had you made your wife's application before 9 July 2012, she'd have qualified for transitional provision.

[mateen123]

Then what are the options:

1) Apply Tier-1 dependent extension for her along with my ILR application
2) Apply ILR Dependent after I get my ILR

Will I be eligible for option 2 here

[vinny]

Hi All

I'd like to know if there are any restrictions for ILR dependent visa, if so what are they?

ex:
1. No recourse to public funds
2. Can't work as a doctor or dentist in training

I'm more interested in the 2 point above.

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants

Restrictions on FLR(M) holders are 1. No recourse to Public funds.

[mateen123]

Thanks Vinny.

If that is the onlye clause that is appearing on "ILR dependent visa" then I'd be happy to go for that that option.

Thanks others too for your suggestions.

[mateen123]

Hi

My wife first entered UK in May 2011 (as Tier1 visa dependent) and her visa expired in Jan 2012. But due to personal (health) reasons we agreed that her extension will be applied from India once I got to my Tier 1 extension. So she left India on the day her visa expired.

But due to Home Office not handling my application properly it took a while to get my Tier1 extension and by the time I applied for my wife's visa it was July 2012 (i.e after the 5 year rule started) which was valid till Jan of 2014. She was without visa from Jan 2012 till July 2012.

She applied for ILR dependent visa in Jan 2014 and she got it till end of July 2016. Now I'm not sure if I should apply her as dependent of British citizen (I got my Passport in 2015) or I can apply her under the 5 year visa rule.

My wife would have completed 4 years 8 months of living in UK (from May 2011 to July 2016).

1) According to the five year rule, does my wife have to be in UK for 5 years after July 2012?

2) Can I apply her for ILR under the 5 year rule, by providing the health reasons why she was in India between Jan 2012 and July 2012 ?

Please advise?

[secret.simon]

She was without visa from Jan 2012 till July 2012.

Was the gap between her leaving and her re-entering the UK (not getting the visa) more or less than 180 days?

Now I'm not sure if I should apply her as dependent of British citizen (I got my Passport in 2015) or I can apply her under the 5 year visa rule.

Extend her PBS dependent visa till July 2017 (five years from July 2012). Do not switch her to FLR(M) as that would restart her ILR clock.

[CR001]

She was without visa from Jan 2012 till July 2012.

Was the gap between her leaving and her re-entering the UK (not getting the visa) more or less than 180 days?

Now I'm not sure if I should apply her as dependent of British citizen (I got my Passport in 2015) or I can apply her under the 5 year visa rule.

Extend her PBS dependent visa till July 2017 (five years from July 2012). Do not switch her to FLR(M) as that would restart her ILR clock.

It appears she applied for spouse settlement visa in January 2014 so is no longer a PBS dep.

Mateen123- through what route did you obtain ILR (5 years residence or 10 years long residence)?

[mateen123]

The gap between Jan 2012 till End of July 2012 was more than 180 days

She is no longer on Tier1 dependent. She is currently on ILR dependent (which is not equivalent of ILR visa)

The route which I took was 5 year Tier-1 to become an ILR. I currently hold a British Passport (acquired in 2015)

[vinny]

Unfortunately, her 5-year route to SET(M) restarted when her initial FLR(M) was granted.