Immigrationboards.com

All,

I shall be applying for ILR shortly. My current leave is Tier 1 General and my wife is on Tier 1 Dependent.

We havent completed 2 years of cohabitation so I understand she wont be eligible for getting ILR with me and will have to extend her current leave.

Can someone clarify how this will work -

1. Will she be able to apply with me when I apply for ILR to extend her leave

2. Is she required to apply separately after I get my ILR to extend her current leave or switch to spouse visa?

3. Is spouse visa and dependent visa the same ?

What is the best plan of action.

Thanks

Read Q 12 onwards at http://www.immigrationboards.com/viewtopic.php?t=79378

Thanks.

I had a look at http://www.immigrationboards.com/viewtopic.php?t=114832

It has
b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler (e.g. - only maintenance funds to be shown, no English language requirement).

From this, I understand that she can extend current leave or apply for FLR(M). but my query regarding if she can apply with me or needs to apply after I get my ILR still remains.

Does anyone know if she can or cannot ?

Thanks

She could apply on the same day as you apply, provided you get your approval first.

She definitely needs to apply before her current leave expires.

My scenario is same as rshelar...

My wife just arrived in UK this month on Tier 1 G dependent and I'm on Tier 1 G.

For example, I will be qualify for ILR in Sep 2013 and if I plan to apply in Sep' 13 , can my wife will continue to remain Tier 1 dependent visa until her visa expires ?

If Yes to the above, what visa category does she needs to apply further extension to leave ??

Or Is she need to apply FLR once I get ILR status ??

Pls advise

wpilr thanks for your reply.

I should have made myself more clearer.

What I meant to ask was, can she apply to extend her current stay along with me.

So if I select PEO appointment can I select 1 dependent? or would she need a separate appointment.

Would that mean I pay less fees. The whole point of asking this is saving some £.

Thanks in advance.

If she is not applying as your dependent ( which implies both are NOT applying for the same thing) then those are two separate appointments/forms/fees.

Hi...

I have a question regarding when my wife will be eligble for ILR.

I plan to apply ILR for myself next month since we have not been cohabiting for 2 years.

My initial plan was that after I get the ILR my wife would apply for FLR M to extend her stay and then apply for her ILR in Sept 2013 when she completes two years of stay with me.

She is currently on Tier 1 Dependent.

However I was advised by a solicitor that this will not be the case and she will have to wait for 5 years after her FLR M to apply for ILR since she will not be a dependent of a Tier 1 holder.

Is this true ? Can someone please confirm this? What is the best option to avoid waiting for 5 years.

she has been in UK for 6 years, but we have been married for 2 years, of which cohabitation is 1.5 years.

Thanks

Can someone please clarify if she can extend and apply in 6 months of will have to wait for 5 years ?