wife came in UK before July 2012 on Feb 2012 as tier1 general dependent

hi,
it will be much appreciated if someone advise please.
wife came in UK before July 2012 on Feb 2012 as tier1 general dependent. now i have got my ILR on basis of long residency on 31-03-2015, i have already applied for British nationality my tow kids already British passport holder.
wife visa as tier1 dependent general going to end in july 2016,
my question is that can my wife apply for ILR as she came here before July 2012. she has already passed her life in UK test and B1 English exam.

thanks

I believe you already know the answer to that ... but let me respond anyways.


No.

Since you applied for ILR under LR, she'll be eligible for settlement only after spending 5 years in the UK as spouse of a settled person or when she completes 10 years stay in UK (which ever is earlier).
She should have switched to FLR(M) as soon as you were granted settlement ... had she done that she would have become eligible for settlement in March 2020. Switching now means she will only be eligible in 2021.

Her period of stay in UK as PBS dependant got wasted because you applied for settlement under LR.

hi,
i am bit confused by reading different posts in this forum, in some post saying they got successfully ILR by using proper representation, one of my friend who works for a immigration law firm he said they have applied two case at the same time, in one case they accepted and issue ILR. but in 2nd case home office refuse. he said there is silent law we have fight to get ILR in my case.
please guide i want to make sure every thing before applying .
thanks

319E Requirements for indefinite leave to remain wrote:(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

• (i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
  (ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
  (iii) has become a British Citizen where prior to that they held 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:

• (i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
  (ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
  (iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

You were not granted ILR as a relevant PBS migrant but as a LR migrant.

@Smiletanvir, have you considered ur wife applying for ILR LR in her own right? Most times, you'd find her qualifying period is quicker that way.

Nzekells wrote:@Smiletanvir, have you considered ur wife applying for ILR LR in her own right? Most times, you'd find her qualifying period is quicker that way.

Thanks nzkells. But she is in Uk only 4 years and 4 monts months then how ILR LR .please guide if you have any information.
Thanks

Nzekells wrote:@Smiletanvir, have you considered ur wife applying for ILR LR in her own right? Most times, you'd find her qualifying period is quicker that way.

In OP's case, how would that be possible when the first entry in UK was in 2012?

hi, dear could you please guide me further
for flr(M) application. please answer following questions.
1: wife has passed B1 trinity is it ok. it is higher level then A1.
2:i am limited company owner and director of the company and get wages, wife works with me as employee we both combine our income to meet income thresh hold 18600.
what type of documents wee need to present, i means 6 month wages slips or full 12 month wages slips or do we consider as self employment catagoury.

thanks in advance please guide briefely.

hi,
it will be much appreciated if someone advise please.
wife came in UK before July 2012 on Feb 2012 as tier1 general dependent. i have got my ILR on basis of long residency on 31-03-2015, i am british national and 3 kids also british national. in july 2016 i have applied for my wife visa as flr FM for 5 years rout but home office issue her flr fm under 10 years rout because i have missed one document which was required by home ofice.

my question is that can my wife apply for ILR as she came here before July 2012 as she has already spend 2 years as dependent of britsh national now and 5 years as dependent of tier 1 general in total she has spend 7 years . she has already passed her life in UK test and B1 English exam.

hi,
it will be much appreciated if you advise please.
wife came in UK before July 2012 on Feb 2012 as tier1 general dependent. i have got my ILR on basis of long residency on 31-03-2015, i am british national and 3 kids also british national. in july 2016 i have applied for my wife visa as flr FM for 5 years rout but home office issue her flr fm under 10 years rout because i have missed one document which was required by home ofice.

my question is that can my wife apply for ILR as she came here before July 2012 as she has already spend 2 years as dependent of britsh national now and 5 years as dependent of tier 1 general in total she has spend 7 years . she has already passed her life in UK test and B1 English exam.

No she can't now because if you had got ilr on tier1 basis then she can continue to extend under tier dependent until completing 5 years to get ILR. Better she complete her 10 years for ilr.

No. She needs 5 years under FLR to apply for ILR. She cannot benefit from the old rules as she is no longer under PBS and switched to FLR in 2016

Note that advice or rules have not changed since you first asked this question in 2015 and 2016.

geriatrix wrote: ↑

Sat Apr 30, 2016 6:28 pm

I believe you already know (click) the answer to that ... but let me respond anyways.


No.

Since you applied for ILR under LR, she'll be eligible for settlement only after spending 5 years in the UK as spouse of a settled person or when she completes 10 years stay in UK (which ever is earlier).
She should have switched to FLR(M) as soon as you were granted settlement ... had she done that she would have become eligible for settlement in March 2020. Switching now means she will only be eligible in 2021.

Her period of stay in UK as PBS dependant got wasted because you applied for settlement under LR.