ILR 10 yr and spouse - no need for 2 year spouse visa

Hi Guys

I know many people were unsure about the dependents when applying under 1o yr rule for ILR.

Some think (including me until now) that spouse has to complete 2 years as a dependent on settled person before being eligible for ILR. I can confirm that this 2 year period can include time spent as a dependent of PBS immigrant.

My wife successfully applied for ILR recently (1 yr as spouse of settled person and 1 yr as spouse of PBS visa holder)

Hope it helps.

Clearly mentioned in 287(a)(i)(d) and 287(a)(i)(e), subsequent to changes published in HC 863 on 16-Mar-11 (and in force since 06-Apr-11).

sushdmehta wrote:Clearly mentioned in 287(a)(i)(d) and 287(a)(i)(e), subsequent to changes published in HC 863 on 16-Mar-11 (and in force since 06-Apr-11).

Glad to know - but there were many discussions before in this forum and it was never "clear" then. So I thought personal experience would give more confidence to people who have any dilemma.

Thanks for your post osteophytes.

That will definately give a confidence and boost to the people (like me) who are in the similar situation.

Have you applied directly to SET(M) or first FLR(M) then SET(M). And how much the time gap between FLR(M) and SET(M) applications.

Thanks

LondonResident wrote:Thanks for your post osteophytes.

That will definately give a confidence and boost to the people (like me) who are in the similar situation.

Have you applied directly to SET(M) or first FLR(M) then SET(M). And how much the time gap between FLR(M) and SET(M) applications.

Thanks

FLR M then Set M. As long as the PBS dependent visa and spouse visa adds up to 2 years it is fine. BUt she should have FLR M spouse visa when applying for Set M

Hi ALL


Has this changed recently in April 2014?

Now Dependant time spent on as PBS migrant will not accrue for 2 years requirement, one will have to apply for spouse visa for 2 years or 5 years ??

Is this true?

Many thanks

Wasim

alladinn wrote:Hi ALL


Has this changed recently in April 2014?

Now Dependant time spent on as PBS migrant will not accrue for 2 years requirement, one will have to apply for spouse visa for 2 years or 5 years ??

Is this true?

Many thanks

Wasim

If you are applying for ILR based on 10 years long residence, your partner should switch to FLR(M) and her ILR qualifying clock will reset and she will have to wait 5 years before applying for ILR. So yes, the rules changed in April 2014.

Ouch! thanks

Surely there are some transitional arrangements for dependants in the country on a route which leads to settlement ?

Inmy case
My dependant came in as PSW dependant in Aug 2009

I switched to T1G in 2010 so did they
And have extended T1G in 2012 so did they

Dependant wi be completing 5 years in Aug 2014
I qualify for 10 years LtR dec 2014..

Please advise?

Many thanks!

Yes there were transitional arrangements, but the rules were changed on 6th April 2014, switch to FLR(M) and it will be another 5 years for spouse if you apply based on long residency.

It might be quicker if you apply as a T1G main and dependent in 2015 based on 5 years residence, which you can do at PEO in person.