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Hi,Kamranraja wrote:Hi
I'm on tier 1 general visa will apply for my ILR March 2016. My wife joined me/ arrived in UK on 11 November 2013.
Can i apply ILR for her or does she need to be here for at least 5 years. If no then what application form I need to fill for her and what visa status she will get if I granted ILR.
THANKS
No, your spouse did not apply for entry clearance before 9 July 2012 per your opening post. The dependent must have applied prior to 9 July 2012 (bold underlined bit above). The above does not mean or infer anywhere that it is the main applicant that must be in the UK pre July 2012 for the dependent to qualify. It is and always has been that the dependent must have applied for visa before July 2012 to qualify for the 2 year route.Kamranraja wrote:Q12a - Will my spouse / partner qualify with me for ILR?
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196D).
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant. The (spouse/partner) dependant must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" stay in UK need not be as a "dependant" and can include "absences from UK".
Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period as a dependant of the principal migrant" (319E(d)(ii)). This "5 year" stay in UK can include "absences from UK".
What I understand from above info that I am granted tier1 General before 9july 2012 then my partner will qualify for ILR AS WELL. AS I was granted tier1 General on 29/03 /11 and she got her visa on 06/11/2013.
I'm confused after reading this
Kamranraja wrote:Thanks for reply. Ok what visa form I need to fill for her and what visa status she will be on when I will get my ILR. Also does she need to do BR2 test.
On what date does her current Tier 1 G Dep visa expire?Kamranraja wrote:Thanks for reply. Ok what visa form I need to fill for her and what visa status she will be on when I will get my ILR. Also does she need to do BR2 test.
naveediiqbal wrote:Kamranraja wrote:Thanks for reply. Ok what visa form I need to fill for her and what visa status she will be on when I will get my ILR. Also does she need to do BR2 test.
The most efficient way to save time is to get a tier 1 G dependent if and when its needed until eligible for ILR.
As she applies as your dependent. Your bank statement (Main applicant) will be enough if have required fund for that period of time.Kamranraja wrote:Hi
For maintenance fund Depandent has to show her statement or main applicant has to show.
I am applying for ILR and my wife will apply pbs dependent for that she has to show maintenance fund of 630 for 90 days. Need to know do I(main applicant) need to give my bank statement to show maintenance fund or she has to give her statement
Yescan I still apply dependent family member of a PBS migrant for my Wife?
If you do FLR(M), her clock will reset to zero and she will have to wait another 5 years (2 x 2.5 year visas) on FLR(M) before she qualifies for ILR. It is quicker if she stays as Tier 1 Dependent if she wants ILR>or FLRm for my wifes application.
PBS dependent vise will be better as it will not reset 5 year ILR period while FLR(M) will.prasannakaja wrote:Hi,
Been reading all the posts here and it confused me further. I am applying for ILR in May 2016 as 5 year route Tier-1 General. My wife is here in UK as PBS dependent for the last two years and her visa expires in May 2016 on same day as my visa. I am going for premium service to get the visa as soon as possible and post my wife's application immediately after I get my visa.
The link below mentions about
"An applicant can apply as the dependent family member of a PBS migrant if they are: .............
the spouse or partner of a person with indefinite leave to remain or British citizenship who last held leave in Tier 1, 2, or 5 of PBS and they do not yet qualify for indefinite leave to remain"
https://www.gov.uk/government/uploads/s ... _0_ext.pdf
Even though my visa category changes from PBS Tier-1 to ILR, can I still apply dependent family member of a PBS migrant for my Wife? I am in a dilemma whether to use Extension of PBS dependent Tier-1 Visa or FLRm for my wifes application. Can someone please suggest an appropriate form in my case?
Many thanks
