Immigrationboards.com

Hi,

I have heard that from 2012 april, any one on Dependent visa will have to complete 5 years before applying for ILR, even if the main applicant is due for a ILR visa.

I am due for ILR in sep 2014. But my wife who has moved on a dependent visa in jan 2013, would have to keep extending her visa till she finishes 5 years before applying for ILR.

Is this really True?

Yes.

Just reading this and now a bit confused - I came into the UK within 90 days of entry clearance, spouse and children came 1 month later I.e. 4 months after entry clearance. Does this mean they can't apply on my ILR form with me?

Unfortunately yes.They can not apply with you.If their visa expires ,they will have to apply for using form FLR(M).

In order to educate yourself on this please read or go through this link

http://www.immigrationboards.com/viewtopic.php?t=86454

Best of luck

See also Dependants of ILR (economic, 5 year route) applicants and Dependant of ILR (long residence) applicant on PBS leave.

So according to above responses:

(My Tier 2 visa was issued in 12 oct 2009 for 3 years. Then extended till 11 nov 2014)

According to rules I can only apply 28 days before my tenure of 5y on tier 2 visa.

So I can apply for ILR on 15 sep 2014 using SETO FORM

And my wife who is on dependent visa which was issued in jan 2013 till 11 nov 2014, will have to apply after I get my ILR using FLR form.

My question being :

Isn't there a way the dependent can apply in the same form for extension. As her visa expires with mine.

Also if I apply for ILR and it takes more than two months, then her visa would expire by then.

I thought the dependent can get extensions here without leaving the country, but this whole process of applying for my visa and then applying for hers seems waste of time and money Travelling back and forward to and from home country.

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So isn't there a single form on which we both can apply?

Also I read some where in point 281, that if the partner has been married for 4 years to a person who has a settled state in UK, she can automatically apply for ILR.

We got married in may 2011. So does that mean I can extend her visa using FLR form next year and then apply for ILR for her after may 2015?

No. 281 is not applicable.

There is no single form when the main applicant is applying for ILR and dependants applying for limited leave. However, they may apply at the same time; ask that the latter is processed after the former.

So basically I have to apply with SETO form first and get my ILR visa. After which my wife can apply using FLR form for extension.

Does UKBA give validity to dependent for the remaining term ? So that the dependent can complete 5 year term?