spouse visa query

[blessco_system]

Hi,

I recently got ILR based on combination of WP + Tier 1(G). However my wife could not apply for ILR due to 2 years restriction. She came to the UK a year ago as Tier 1 (G) dependant and have visa until 2014. Reading different comments on this forum it seems that she now has to apply for FLR(M) and than after completing 2 years apply for ILR.
Or as she has valid visa until 2014 can she apply for ILR next year while staying on dependant visa?

Any advise will be much appreciated....Thanks

[linkers]

Her existing dependant visa has been curtailed. You need to get her a new dependant visa on the basis of your ILR asap.

[crb]

not too sure but i don't think u have to wait another 2year for her to apply for ilr.....i think the 2yr starts from when she started staying here as your dependant on any visa.....but definetly u have to get her new visa as ur status has changed....i think u have to make ur application within 28days of receiving ilr......seek more advice aswell...

[linkers]

I would agree with crb. Sorry I forgot to mention that she won't have to wait for 2 years, but she definitely needs to get her visa changed from a Tier-1 dependant to an ILR dependant.

You need to send the application asap (or try getting an appointment for one of the PEOs).

[Greenie]

Linkers, and Crb, please do not give advice if you are not sure of the answer, as both of your answers contain incorrect information.

leave to enter/remain is not automatically curtailed - the UKBA would have to make a decision to curtail the leave of the dependent so to say that the dependent's leave has been curtailed is incorrect.

The 2 years does not start from when the spouse is granted further leave on form FLR(M). A combination of PBS dependent leave, and leave as the spouse of a settled person can be used to make up the two years for the spouse to qualify for ILR. There is no requirement to switch within 28 days but it is better to make the application sooner rather than later.

See

FLR or ILR for my dependent

and FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

[Gregarious]

I agreed with you.
Clarified very well. well done GG = Greenie Guru..............LOolz

[blessco_system]

Thanks all for your kind replies specially Greenie. I will get my wife visa switches to FLR(M) asap. However I have one additional question. on below link it says that "spouse should switch to FLR(M) before he/she travels outside the Common Travel Area".
However after my ILR I and my wife went abroad and returned last month. Does it mean she will be refused when she apply for FLR(M)? help will be much appreciated

FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders