ILR Dependent query

[actuary]

Hi,

My wife got her dependent visa in aug 2009, some 6 months ago. I am eligible to apply for ILR in april 2010. The question is, can she apply for ILR at the same time (it would be in total 8 months she got her dependent visa)?

I have been told that since she got dependent visa when I was under hsmp, she'll need to spend 2 years before she's eligible for her ILR.

I am not sure that's true.

Thanks

[geriatrix]

If your HSMP application was approved on basis of rules in effect until 07-Nov-06, then your depenent (wife) is eligible to apply for ILR at the same time as you.

If not, then she can apply for ILR after spending 2 years in UK as your dependent / spouse. When you are granted ILR, she will then need to apply for extension of stay using FLR (M) form.

regards

[actuary]

Hi,

Thanks for the post. I got my hsmp after 7-Nov-06, should I apply her as dependent along with my ILR application? OR do I need to wait for my application to be approved and then apply for her extension (her current dependent visa is valid for another 2 years)

Also, does she need to give life in UK test as well?

Thanks!

[geriatrix]

You cannot include her in your ILR application because she is not yet eligible.

1. Apply for your (own) ILR.
2. Once your ILR is approved, your wife needs to apply for extension as spouse of settled person using FLR(M) form. I would suggest that she applies within 28 days of receiving your ILR.
3. Once she completes 2 years stay in UK (Tier 1 dependent + spouse of settled person), she can apply for ILR.

Both of you need to pass KOL/Life in the UK test before applying for ILR.

Regarding point 2., double check with UKBA.


regards

[actuary]

Thanks for the help again

[gd_chandrasekar]

Hi

I have the same situtation, my wife would be complted only 7 months when I apply for ILR, she is currently on Tier1 General dependent.

I am confused on the FLR(M) visa, in the UKBA site it says that dependent has to apply for FLR(m) before the expiry of current visa, but her current visa is valid till Jan 2013. So will her visa is still valid after I get my ILR or do I need to spend another 1000£ to FLR(m)? If the existing visa is valid then I can very much apply for ILR in Dec 2011 directly, save 1000£.

Pls advice.

You cannot include her in your ILR application because she is not yet eligible.

1. Apply for your (own) ILR.
2. Once your ILR is approved, your wife needs to apply for extension as spouse of settled person using FLR(M) form. I would suggest that she applies within 28 days of receiving your ILR.
3. Once she completes 2 years stay in UK (Tier 1 dependent + spouse of settled person), she can apply for ILR.

Both of you need to pass KOL/Life in the UK test before applying for ILR.

Regarding point 2., double check with UKBA.


regards