Urgent -Visa status problem -dependant on work permit holder

I have heard that if the main work permit holder change the visa stutas will affect the dependent. Currently my visa is work permit dependent, valid until Nov.2012. And my wife is going to apply ILR, but due to some reason, she prefer apply ILR herself only at 11/Aug/2009. Does that mean, my current dependent visa will be void in the visa system, or I will fine until 2012?

Only 12 days left, it is urgent, can anyone help?



I have looked at your website: http://www.permits2work.co.uk/dependants/index.asp

If the work permit holder changes jobs and needs to apply for Further Leave to Remain or lives in the UK for 5 years on a work permit and applies for Indefinite Leave to Remain it is important that the dependants are also included on the application. If this is not done it can cause problems at a later date.

What I understand is that after staying in UK legally for 5 year, either on WP or HSMP or Tier 1/2, you can apply for ILR. But that doesn't mean that you have to apply for ILR.

As you are on dependent visa I am not sure should your application for ILR (whenever you want to apply) be made along with main applicant only.

Can seniors comment on this??

that's why I am worrying now.

As some one said, even I have leave to remain until nov/2012, it is void, since the work permit which I depend on isn't there.

Also, some one told me it is fine, as long I still marry to my wife, who will get ILR at 11/Aug/2009.

Any more comments?

As far as I know you have to change your status to

a) ILR (as your wife's dependent)
or
b) apply for a two year spouse visa if you wife gets ILR as then you would be married to someone who is settled here.

The easiest option would be to include yourself as a dependent in your wife's ILR application.

Really, the best thing is for you and your wife to apply for ILR together. I'm not sure what her reasons are, but if it has to do with finding PEO appointments with dependants, consider going through a solicitor. It will still be cheaper than the two of you applying for ILR separately.

Otherwise, you might be able to apply for ILR using Set(M) form after your wife obtains ILR. If you look at the Set(F) paragraph (for family members but not the spouse), one can apply for ILR as the dependant of someone with ILR, and the spouse must use Set(M). Link below-

http://www.ukba.homeoffice.gov.uk/ukres ... tiontypes/

Maybe you should download and read the complete guidance notes for Set(M) to see if it covers this particular case.