ILR and Dependent VISA together or seperate

[themonsoonhunter]

Hi,

I am in process of preparing ILR and I got one question.

My wife is not here for more than 2 years therefore I have to go for ILR by my own. And once approved I need to apply for her dependent VISA.

I want to know do I need to submit my wife's dependent application along with my ILR application or I should go for my own for ILR and apply for her dependent VISA once I get ILR approved ?

We do not have issue with validity of VISA as we have renewed it just few months back.

Thanks in Advance.

[hellog123]

Though i am not sure but you can apply ur wife's application at the same time as yours for ILR. If the caseworker approves ur ILR and is not satisfied with the stay of ur wife for less than 2 years, he may give ur wife discretionary leave or extension for further period, when she would be eligible for ILR. U should confirm it with the home office.

[vinny]

What's your status?

Your wife may switch to FLR(M) after you are granted ILR; subject to the A1 requirements. However, see also the proposed amendments.

Note that Discretionary leave holders requires 6 years before being eligible for ILR. Moreover, they will not grant her discretionary leave if she already has leave remaining.

[themonsoonhunter]

Thanks hellog123, vinny,
We are on Tier 1. My wife is my dependent. We got leave until Mar 2013. And her qualification is present in point based system.
Why I am getting confused here is that if I get ILR her dependent visa, that invalidates my wife's Tier 1 dependent visa; how much legal time I got to get it changed to dependent. Is that going to be an offence if she stays here on tier 1 dependent when I got ILR for certain period?

thanks

[vinny]

I believe that she remains legal unless her leave is curtailed (323) or expires or she's subject to removal. However, if she travels, then she may be refused entry because her circumstances (321A(1)) or purpose (320(5)) have changed.