Newly married and applying for ILR with Spouse

[theroyale]

I have been on a Tier-1 visa for the last 5 years. Now I want to get an ILR. I am getting married next month. My wife (to be) has been in the UK for 3+ years on a student (Tier-4) visa.

My question is, can I apply for an ILR with her as a dependant? If so, what visa does she get? The same ILR as me, or a "spouse visa"?

Thanks.

[CR001]

She doesn't qualify for ILR if she has not been your dependent on Tier 1.

She can apply to switch to FLR(M) once you have got your ILR and before her current visa expires. English A1 language and financial requirement of £18,600 (your salary) per annum needs to be met.

[theroyale]

Thanks CR001.

Does this mean we cannot apply at the same appointment - me for ILR and she for FLR(M) ? As I understand from your post, I need to apply and get my ILR first, and then she applies and gets her FLR(M).

Is this right?

Thanks

[CR001]

So book two appointments for the same day (hers after yours).

Some PEO's might do both together but not sure how you would book that as she is not currently a dependent on your visa.

[vinny]

Does the period of her last grant of leave exceed six months?

[theroyale]

Does the period of her last grant of leave exceed six months?

Yes, she is on a 3 year student visa currently. Is that also one of the conditions for the FLR(M) ?

[vinny]

Yes. That was one of the immigration status requirements for FLR(M).

Be sure to submit evidence that satisfies Appendix FM-SE.