Immigrationboards.com

Hi,

Please anyone can reply as i asked the same question before as well on this forum,i am tier 1 general migrant and eligible for ILR in december 2013,i want to apply for my wife as well but she got her tier 1 general 1 dependent visa in feb 2013,as i heard that she will be eligible for ILR in feb 2018 after completing 5 years as rule change from july 2012 but my question is when i was reading the UKBA website for dependent ILR they mentioned 2years not 5 years please anyone can help through this issue,below i paste it from UKBA website.

Settlement
This page explains whether and how your partner and your children (known as your 'dependants') can apply for settlement with you if you are currently in the UK under Tier 1 (General) of the points-based system.

On this page
Partners
Children
How to apply
Partners
Your partner can apply for settlement at the same time as you apply for settlement, if:

you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
you and they intend to live permanently with the other as husband and wife, civil partners, unmarried partners or same-sex partners;
they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
they have sufficient knowledge of the English language and life in the UK, unless they are aged 65 or over when they apply. For more information, see the Knowledge of language and life in the UK section.
These requirements are set out in paragraph 319E of the Immigration Rules.

back to top

Children
Your child can apply for settlement at the same time as you apply for settlement, if:

they have previously been given permission to enter or stay in the UK as your child;
they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
they are not married or in a civil partnership, have not formed an independent family unit, and are not leading an independent life;
they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
they have sufficient knowledge of the English language and life in the UK, unless they are aged under 18 when they apply. For more information, see the Knowledge of language and life in the UK section.

The 2 years applies to those dependants who were granted leave as a PBS dep prior to July 2012 and thus have transitional protection.

D4109125 wrote:The 2 years applies to those dependants who were granted leave as a PBS dep prior to July 2012 and thus have transitional protection.

thanks Amber

She can extend on this form or possibly switch to flr(m) but the 'clock' for settlement may be reset with the latter. Also flr(m) has an English and financial requirement.

D4109125 wrote:She can extend on this form or possibly switch to flr(m) but the 'clock' for settlement may be reset with the latter. Also flr(m) has an English and financial requirement.

Thanks For your reply.

so you mean that i can include her name in the same application form which i am using for ILR SET(0) form to extend her stay?

No, do click on the links.

Amber has already given you the answers.

2 choices:

How dependants can extend their stay (PBS dependants).

Alternatively, FLR(M).

vinny wrote:Amber has already given you the answers.

Here is another link: How dependants can extend their stay.

Thanks Vinny

Yes i understand that but mine question is after my ILR approval still she can extend her without switching to FLR(M),because for FLR(M) there is English requirement?

Yes. She may still extend as a PBS dependant.

vinny wrote:Yes. She may still extend as a PBS dependant.

thanks vinny