Visa for Spouse of ILR holder (Long Residence)

[heretic]

Hello All,

I recently got my ILR based on Long Residency and now have to apply for my wife.

I was on HSMP last before the ILR and my wife was my spouse dependent.

I am fairly certain that we need to do a FLR (M) - could some one confirm this please.

Also how long do we have before we can do this application as the HSMP dependent visa on my wife's passport expires in Sept this year.

Also the form says that if some one has been on a spouse dependent visa for 2 years - it suggests that they should apply on form SET(M) - but I guess that is for spouses on 2 year FLR(M) visas rather than HSPM dependents visas.

My wife has been in the UK for over 4 year as my dependent.

[paulp]

heretic, yes your wife needs to apply for a spouse visa on form FLR(M). She needs to apply ASAP as your HSMP is no longer valid, and her dependent of HSMP visa is also no longer valid.

[guly3]

heretic, yes your wife needs to apply for a spouse visa on form FLR(M). She needs to apply ASAP as your HSMP is no longer valid, and her dependent of HSMP visa is also no longer valid.

You have got it all confused now.

I was on HSMP till last week and then got my ILR. My spouse has been in the country for only 5 months so obviously we can't apply for ILR until he spends two years in the country. Does it mean that his dependant visa, which on dependant on my HSMP, is not more valid?

[paulp]

heretic, yes your wife needs to apply for a spouse visa on form FLR(M). She needs to apply ASAP as your HSMP is no longer valid, and her dependent of HSMP visa is also no longer valid.

You have got it all confused now.

I was on HSMP till last week and then got my ILR. My spouse has been in the country for only 5 months so obviously we can't apply for ILR until he spends two years in the country. Does it mean that his dependant visa, which on dependant on my HSMP, is not more valid?

Guly, are you related to heretic? I don't see where I have recommended that the spouse apply for ILR. Once somebody obtains ILR, their spouses on dependent visa should apply for a spouse visa (of a person settled in the UK) on form FLR(M) asap.

The dependent visa is technically no longer valid because the person no longer has HSMP/WP/etc.

[guly3]

No I am not related to heritic.

I am a bit confused about this all. I think I will contact Home Office about it as I didn't find it in any documentation.

Previously, a dependant of HSMP would be issued ILR at the same time. Now they have changed it and a dependant needs to be in the UK at least for two years before they can be issued ILR and I didn't find anything on the home office website or forms explaining whether a new visa needs to be issued to dependants or not.

[paulp]

Yes, ask for guidance from the home office. But one thing is for sure, your husband was given a visa to stay in the UK as the dependent of an HSMP holder. Now his wife, you, is no longer an HSMP holder.

You also have to think how your husband is eventually going to get ILR. You cannot apply for ILR again as you already have it and cannot add him onto your form. Better get him onto a spouse visa now and he can apply for ILR on form SET(M) in 2 years (minus 28 days).