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ILR Dependent - 2 year condition

Posted: Thu Jul 28, 2011 12:01 pm
by faisalkhan001
Hi,

I am on Tier 1 General and my ILR is due in October 2011. My wife joined me as Tier 1 dependent last year in August. So my question is, is she eligible for ILR with me. I have read somewhere that spouse have to stay for 2 years in UK before applying for ILR? Please can someone clear this point.

Many thanks

Faisal

Posted: Thu Jul 28, 2011 12:34 pm
by vinny
If she does not satisfy 319E, then she should switch to FLR(M) before her leave expires, when/after you apply for ILR.

Posted: Thu Jul 28, 2011 8:38 pm
by faisalkhan001
Thanks Vinny. Actually I have got my Tier 1 extension this month because I was short of 3 months to complete 5 years period requirement for ILR. My wife had applied with me at the same time. Now we have got 2 years Tier 1 extensions visa. According to the rules I will be eligible for ILR. Do I still need to apply FLR(M) for her or she can fulfill 2 years criteria for ILR on Tier 1 dependent visa?

Many Thanks

Posted: Thu Jul 28, 2011 8:47 pm
by vinny
Under the current rules, I believe that she should switch to FLR(M) if she's not eligible to apply for ILR at the same time as you.

Posted: Thu Jul 28, 2011 9:59 pm
by faisalkhan001
Thanks again Vinny pointing me towards right post.

Regards