ILR -Dependent Tier1(G) -Non completion of probat period

[dynamicdhiraj]

Hi ,

I have a question regarding my wife's Dependent visa on my ILR application (Upgrade from Tier 1-General).

Her profile:-

1) Dependent on my Tier 1 (General) from June 2010 ( 6 months on dependent when I apply for ILR).

2) Current Tier 1(General ) dependent visa is valid until March 2012.

As my wife has not completed the probationary period of 2 years in UK, is her depdendent Tier 1 visa still valid after I upgrade my visa from FLR to ILR? If not , then which visa should she apply for (Confused abt FLR(M), SET(M) ?

Does anyone know of any policy guidance document which handles the above scenario ? SET(o) does not discuss the above scenario .

Any guidance or help would be highly appreciated .

regards,
DS

[Immigration Expert]

you can add you wife to your SET O application and she may also be granted with ILR in line with your entitlement to ILR. there is no requirement for her to have completed a number of years before she is entitled as she is here as your dependant and will be on whatever visa you have. there is an extra fee to add a dependant.

if you do not then she has to apply for FLR (M) after you have received ILR and that is for 2 years which needs to be completed before a SET M is required for ILR.

good luck

[geriatrix]

1) Dependent on my Tier 1 (General) from June 2010 ( 6 months on dependent when I apply for ILR).

2) Current Tier 1(General ) dependent visa is valid until March 2012.

Assuming that your spouse was not resident in UK before June 2010, your wife should apply for leave to remain (FLR(M) form) after you are granted settlement.

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) after you are granted settled status. 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.



regards