ILR for wife who was on Tier 1 dependent visa

Hello,

This query is for my wife's eligibility for ILR. (I was granted ILR on Feb 2013)

My wife entered as Tier 1 Dep on Oct, 2010 and was in the UK till Nov, 2012 after which she had to go to India for delivery. Her visa was valid till Mar, 2013. She planned to applied for ILE from India, but was told to apply for ILR from India.
So she had to enter the UK as dependent of settled person in June,2014 along with our daughter.

Could you please help me confirm if my wife's ILR application on the basis of she spending 2 years in the UK as Tier 1 dependent will be successful (she has written LIUK (in 2012 before going to India) and also has a recent IELTS score above the required band).

Also, could anyone please tell me which form should I be using, Set(o) or Set (m)? Is Set(M) the right one to be used?
gov.uk says "Complete application form SET(O) unless you’ve extended your permission using form FLR(M) - if you have you should apply using form SET(M)."

Thanks,
alladin

She will be on the new 5 year route to ILR as spouse of person settled/British citizen as her T1 dep expired and she applied for new entry clearance as spouse of person settled and her clock was reset. For how many months is her current visa valid? What are the issue and valid till dates?

She would not have been able to apply for either ILE or ILR from India anyway.

I agree, your wife has no prospect of succeeding with ILE or ILR application.

She will have to apply under appendix FM, and wait for 5 years.

CR001 wrote:She will be on the new 5 year route to ILR as spouse of person settled/British citizen as her T1 dep expired and she applied for new entry clearance as spouse of person settled and her clock was reset. For how many months is her current visa valid? What are the issue and valid till dates?

She would not have been able to apply for either ILE or ILR from India anyway.

Thanks for your reply. Her current visa as dependent of settled person is valid for 2.5 years and valid from Dec, 2013 to June, 2016.
Sorry, in my limited knowledge I couldn't find it mentioned in the gov.uk site that the time spent as dependent can get expired. Could you please point me to the relevant section?

She had to undergo operation for her delivery which meant she could not come back to the UK before her tier 1 dep visa expired.

If her T1 dep visa expired, it expired and the time spent in the UK won't count towards her ILR as she applied for new entry clearance on VAF4A and a different set of rules.

She will have to apply for an extension on FLR(M) in June 2016 and will be granted another visa for a further 2.5 years before she will become eligible for ILR on Set(M) as her current visa was applied for after the spouse visa changes in July 2012.

There is no easier or quicker way unfortunately.

CR001 wrote:If her T1 dep visa expired, it expired and the time spent in the UK won't count towards her ILR as she applied for new entry clearance on VAF4A and a different set of rules.

She will have to apply for an extension on FLR(M) in June 2016 and will be granted another visa for a further 2.5 years before she will become eligible for ILR on Set(M) as her current visa was applied for after the spouse visa changes in July 2012.

There is no easier or quicker way unfortunately.

Hi CR001/Obie,

Thanks for your reply. I was looking at few posts discussed here. Could you please have a look and see why my wife's case could be different. She applied for her second entry clearance (as wife of settled person) before her Visa as PBS dependent ran out.

Or do you think her case is different from the below ones because she is now in a different category? (She did complete 2 years stay as wife of PBS dependent before she went to India for delivery).

1. http://www.immigrationboards.com/indefi ... 36025.html
2. http://www.immigrationboards.com/indefi ... 47733.html

Many Thanks

On what date did your wife apply for 'spouse of settled person' visa on VAF4A?

CR001 wrote:On what date did your wife apply for 'spouse of settled person' visa on VAF4A?

She applied on 01-March-2013. Her PBS dependent was valid till 03-March-2013.

My views on your case remains unchanged.

Obie wrote:My views on your case remains unchanged.

Thanks Obie. I received advice from an immigration lawyer that this application should be valid and could be successful. I think Rule 319E d(i), should be applicable in this case.

Or could you please advice why this is not applicable or which provision in your opinion makes her ILR application invalid? The previous posts I sighted seems to be similar cases where leave was expired outside UK and fresh entry clearance issued and then successful with ILR using the leave before expiry.

Cheers,
alladin

What kind of leave was the madam granted after her successful appeal, and on what basis was the appeal allowed.

Obie wrote:What kind of leave was the madam granted after her successful appeal, and on what basis was the appeal allowed.

I have made an attempt to reply to the PM. The type of Visa is stated as VISA SPOUCE/CP - Spouse of Mr.xxxx. Valid from 03/12/2013 - 03/09/2016.

We provided evidence of a TB test conducted in the UK when she came to the UK as PBS dependent (in 2010).

It appears to be a 33 months leave under appendix FM