Switch wife's dependent visa to spouse ?

[webbym]

Hello,

here are my details,

Entered UK on 5yr WP - 18-OCT-2005
Switched to Tier 1 - 10-APR-2008

So I'd be applying ILR on 22-OCT, my question is regarding my wife's visa:

We got married couple of months ago and her Tier-1 dependent visa is valid untill 10-APR-2011,

1. Does she need to switch to spouse visa immediately after I get my ILR ?

2. Can she apply in-country or does she need to go back and apply as out of country applicant ?

I'm not able to find much details on this online, please attach any links/ references that can be of help.

regards,

[vinny]

After you are granted ILR, she may switch from within the UK. How long have you been living with your wife in the UK?

[webbym]

Thanks Vinny.

We only got married in July and she just moved to live here with me, so
unfortunately not been living together for long.

I will use the details from your link to apply as soon as my ILR is done.

I believe, there is sufficient time for her as she still has permission as Tier-1 dependent untill next April ?

[vinny]

Hopefully, there should be sufficient time.

She should make the FLR(M) application before her leave expires.

[webbym]

My wife came to UK as a tier-1 dependent and I got ILR now, but she was not eligible as we were married for less than 2 years at the time of my ILR application.

Now I need to apply for her FLR as a spouse of settled person.

However, I recently heard from a friend (who is also in the same situation as me) that he received a letter from UKBA stating that his wife doesn't need to apply for spouse visa and will be able to apply ILR after 2 years.

Is there such a provision ? I couldn't find any details about this on UKBA website or in the forum.

[geriatrix]

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

As per immigration rule 319E, there appears to be no provision for PBS dependant(s) to apply for settlement separately. So if your spouse is not eligible for settlement at the same time as you, IMHO, she should extend her leave using FLR(M), as already suggested.

It will be in your interest to a get confirmation in writing from UKBA that your wife is not required to do so, to avoid any problems later on.

Also, if your wife intends to travel outside UK after you are granted settlement, she should either apply for leave to remain as spouse of settled person before travelling or apply for entry clearance before re-entering UK (change of circumstances, e.g. - 321A(1)).

[webbym]

Found out what was the details here.

As my friend's wife was on a tier-1 dependent which was valid for more than 2 years, home office was fine with not renewing her dependent visa to spouse as she would be eligible for ILR before needing to renew her tier-1 dependent visa.

My case is different as my wife's tier-1 dependent visa expires in 6 months, so would need to switch to spouse visa.

[fajr]

adding one more question, if the spouse visa is less than 2 years residence requirements than she will be applying for FLR(M). Would the previous stay count (as Tier 1 dependent) towards 2 years residency requirements when she will be applying for ILR after changing her visa to FLR(M)?

Many thanks

[geriatrix]

Would the previous stay count (as Tier 1 dependent) towards 2 years residency requirements when she will be applying for ILR after changing her visa to FLR(M)?

Yes (287(a)(d)).


regards

[fajr]

Yes (287(a)(d)).

Gre8. Thanks