ILR for Partner (Dependent Visa)

[mnvinod]

Hi,
My partner and myself are in the UK on HSMP visa. Partner is on my dependent Visa.

I am applying for ILR in May 08. But due to medical reasons, my partner will not be in the UK when I apply for ILR. If my ILR is approved (while she is abroad), for her to come back into the UK, what Visa is required? Can she apply for the dependent ILR Visa from abroad?

My concern is that once I change my resident status from HSMP to ILR, will it invalidate her visa and prevent her from coming back into the UK without applying for a spouse visa which is valid only for 2 yrs or can she apply for ILR dependent Visa while abroad?

Can someone throw some light on the above?

Thanks,
-Vinod

[vinny]

If your ILR is granted while she is aboard, then she may apply for a spouse visa.

However, given her circumstances, if she has satisfied her KOL requirements, then there is no harm in politely asking the British Embassy/High Commission to grant ILE, outside the Immigration Rules.