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I moved to uk during Sep 2003 and my wife joined me during jun 2004 and have a baby born in the UK. when i apply for ILR she would have completed 4+ years in the UK. can i add her name in the dependant list when applying, please let me know. Thanks

If your wife is classified as your dependant spouse, then she may be included in your settlement application (196E). You would both need to satisfy the Knowledge of language and life in the United Kingdom requirements.

vinny, even with less than 5 years of residency, the spouse can apply for ILR along with the main applicant?

Also, I think I read somewhere that the dependent spouse will have to go through a spouse visa first and only after 2 years will he/she be able to apply for ILR.

Can you please clarify? Thanks.

As long as the spouse is on a dependent visa, he /she can be included in the ILR application. There is no minimum time required for a couple to be married before the spouse can be included in the ILR application. The residency requirement is only for the main applicant.

The scenario that you described is applicable when the main applicant becomes a British citizen and the other one is not eligible for citizenship (as there are residency requirements for each applicant). In such a case, the spouse will need to apply for a spouse visa (if not already on ILR).

That sorts it out.

Thanks jazbaati.

jazbaati99 wrote:As long as the spouse is on a dependent visa, he /she can be included in the ILR application. There is no minimum time required for a couple to be married before the spouse can be included in the ILR application. The residency requirement is only for the main applicant.

They have introduced a minimum two-year UK residence requirement for partners of Tier 1 (General) - highly skilled worker migrants (319E(d)).

Settlement wrote:Dependants

Partners of Tier 1 (General) - highly skilled worker migrants are eligible to apply for settlement at the same time as the migrant, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Thanks Vinny.

196E does not currently require a minimum two years residence in the UK, although 319E(d) does.

Hi Vinny,
I read the reference 319E(d) that you have given and it does say that the partner of a tier 1 immigrant must be in a relationship for atleast 2 years.

So where would it leave the spouse of tier 1. Would the spouse need to get a visa again?

My que is similar but relates to my son who came here as\ my dependant and joined me a month later. when I apply for ILR at the end of 5 years he wd be plus 18 years. Will I be including his name in my application.

guly3 wrote:Hi Vinny,
I read the reference 319E(d) that you have given and it does say that the partner of a tier 1 immigrant must be in a relationship for atleast 2 years.

So where would it leave the spouse of tier 1. Would the spouse need to get a visa again?

If the spouse does not meet with the minimum two year requirement for settlement, then I believe the spouse should apply for an extension.

RSARD wrote:My que is similar but relates to my son who came here as\ my dependant and joined me a month later. when I apply for ILR at the end of 5 years he wd be plus 18 years. Will I be including his name in my application.

Dependants over 18 may apply for settlement at the same time, but using a separate form and paying the appropriate fee. They should also meet with the KOL requirements.

Hi Vinny,
Thanks for the reply

f the spouse does not meet with the minimum two year requirement for settlement, then I believe the spouse should apply for an extension.

My spouse already has a visa till june 2010 and he would have completed 2 years in UK by then. This is because I was on WP before and later switched to HSMP therefore, I had a couple of years left in my visa before my ILR.

Hi,

I called HO and it was confirmed that I need to apply for FLR(M) for my spouse. This because his VISA was dependant on mine and any changes in my VISA status is going to change his visa requirements.

Another £400 down the drain

vinny wrote:If the spouse does not meet with the minimum two year requirement for settlement, then I believe the spouse should apply for an extension.

Extension or spouse visa? There is not much point in trying to extend the visa as a dependent of an HSMP/WP holder when the person in question no longer has HSMP/WP.

yeah,
its a differnet visa as a dependant of someone settled in UK

guly3 wrote:yeah,
its a differnet visa as a dependant of someone settled in UK

spouse visa then, FLR(M)