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Hello Gurus/Seniors,

I am going to be applying for ILR next month. I am currently on Tier 1. My wife is on Tier 1 dependant. She has joined me last month. Couple of questions could you please clarify.

1] I am planning to apply for my ILR next month, does my wife's visa status also needs to be changed(he current dependant visa is valid till 2014)
2] If she does not apply now (as its only 2 months we r together) can she travel in and out of UK once my ILR gets approved? or will she have to change her visa status?
3] if she applies as my dependant, is 2 months a very short period for her to file for my ILR dependant?

Could some one please answer my queries. Much appreciated.

Any advice please?

shin25 wrote:Hello Gurus/Seniors,

I am going to be applying for ILR next month. I am currently on Tier 1. My wife is on Tier 1 dependant. She has joined me last month. Couple of questions could you please clarify.

1] I am planning to apply for my ILR next month, does my wife's visa status also needs to be changed(he current dependant visa is valid till 2014)
2] If she does not apply now (as its only 2 months we r together) can she travel in and out of UK once my ILR gets approved? or will she have to change her visa status?
3] if she applies as my dependant, is 2 months a very short period for her to file for my ILR dependant?

Could some one please answer my queries. Much appreciated.

shin25 wrote:Hello Gurus/Seniors,

I am going to be applying for ILR next month. I am currently on Tier 1. My wife is on Tier 1 dependant. She has joined me last month. Couple of questions could you please clarify.

1] I am planning to apply for my ILR next month, does my wife's visa status also needs to be changed(he current dependant visa is valid till 2014)
2] If she does not apply now (as its only 2 months we r together) can she travel in and out of UK once my ILR gets approved? or will she have to change her visa status?
3] if she applies as my dependant, is 2 months a very short period for her to file for my ILR dependant?

Could some one please answer my queries. Much appreciated.

As far as I know she doesn't have to extend the visa until 2014 and when it comes to 2014 she needs to use the dependent visa(PBS) instead of spouse visa. When she completes 5yrs period she can apply for ILR.

navodwickra wrote:

shin25 wrote:Hello Gurus/Seniors,

I am going to be applying for ILR next month. I am currently on Tier 1. My wife is on Tier 1 dependant. She has joined me last month. Couple of questions could you please clarify.

1] I am planning to apply for my ILR next month, does my wife's visa status also needs to be changed(he current dependant visa is valid till 2014)
2] If she does not apply now (as its only 2 months we r together) can she travel in and out of UK once my ILR gets approved? or will she have to change her visa status?
3] if she applies as my dependant, is 2 months a very short period for her to file for my ILR dependant?

Could some one please answer my queries. Much appreciated.

As far as I know she doesn't have to extend the visa until 2014 and when it comes to 2014 she needs to use the dependent visa(PBS) instead of spouse visa. When she completes 5yrs period she can apply for ILR.

Thanks a lot navodwickra for your reply.
so she would have to wait for another 5 yrs to apply for the ILR dependant?
Can she freely move in and out of UK on her current Tier 1 dependant if my visa status changes from Tier 1 to ILR?

Her Tier 1 Dependant visa needs to be changed to FLR(M). Tier 1 (dependant) visa will be invalid as soon as you get ILR.

Previous rule was that she has to spend 2 years with you in UK before she is eligible for ILR. This has probably recently changed to 5 years - not sure when from this is effective.

akash08 wrote:Her Tier 1 Dependant visa needs to be changed to FLR(M). Tier 1 (dependant) visa will be invalid as soon as you get ILR.

Previous rule was that she has to spend 2 years with you in UK before she is eligible for ILR. This has probably recently changed to 5 years - not sure when from this is effective.

Hi Akash

thank you for your reply.
This just got me a bit nervous. I havent yet collected any documents for her. Please would really appreciate if you answer my query. It is a bit urgent as I would need to collect the documents for my wife as well, as my ILR could invalidate my wife's visa.
1] Can she apply in the same time I apply for my ILR?
2] what would be the validity of her visa? will that be for another 5 yrs? (FLR - M)
3] DO i need a cohabilitaion documents ? what documents does she need to prove ? or would that be the same documents I submitted for Tier 1 dependant?
4] I am assuming she does not have to go for Life in Uk test?

Could you please answer my queries

Regards,

I believe her Tier 1 dependant visa is still valid and can be renewed as a Tier 1 dependant visa till she has completed 5 years and is eligible for ILR
She does not have to change to FLR (M)
Read recent policy guidance

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

Look at page 1 after the introduction and contents page particularly point no 3.
Hope this helps

Bijoux24 wrote:I believe her Tier 1 dependant visa is still valid and can be renewed as a Tier 1 dependant visa till she has completed 5 years and is eligible for ILR
She does not have to change to FLR (M)
Read recent policy guidance

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

Look at page 1 after the introduction and contents page particularly point no 3.
Hope this helps

HI Bijoux

Thank you for your reply. It does instill confidence. So who would be eligible to apply for FLR (M)?
Can I take it that my wife can still retain her tier 1 dependant?

akash08 wrote:Her Tier 1 Dependant visa needs to be changed to FLR(M). Tier 1 (dependant) visa will be invalid as soon as you get ILR.

Previous rule was that she has to spend 2 years with you in UK before she is eligible for ILR. This has probably recently changed to 5 years - not sure when from this is effective.

Hi Akash,

based on "Bijoux24" my wife would still have her visa valid till 2014 and it would not get invalidated once I get ILR? Are you also in agreement or did you see some other document which states otherwise? Could you please advice?

http://www.immigrationboards.com/viewto ... sc&start=0 this may help you

ilrdep wrote:http://www.immigrationboards.com/viewto ... sc&start=0 this may help you

HI "ILRDep"

Your post looks very similar to mine. Thanks a lot for pointing it out. Much appreciated.
Just to be sure I got it right.
My wife does NOT need to change her visa status till 2014 and she can again go for PBS dependant (to complete 5 yrs) till the time she becomes eligible for ilr dependant?
I believe she wont have any issues when she travels outside UK once my visa status changes?

Yes, as per current rules it holds good if you are applying for ILR on 5 year route
Read this
http://www.immigrationboards.com/viewtopic.php?t=114832

I think the FLR (M) is used by partners of settled persons ( gained settlement probably via other routes than points based system) or british citizens to obtain further leave to remain before they are eligible for settlement themselves ( 2 years or 5 years depending on when they first gain entry as dependants).

Since technically you are a settled person you can choose to use the flr (m) form to apply for further leave for your wife when her current leave ( which is still valid) expires, but it contains a lot more paperwork and documents compared to extending her tier 1 dependant status .