Immigrationboards.com

Hello moderators and respected members. I need advice on my wife's immigration status. Let me set the stage:
I came to the Uk on the 2nd of Feb, 2010 on a Tier 4 student visa.
My wife also came to the Uk in Sept, 2010 on a Tier 4 PBS dependant.
In May 2014, I applied for Tier 1 Ent Visa.
Tier 1 Ent Visa was approved in July 2014, my wise was also granted a dependent visa.
I applied for Tier 1 Ent extension in June 2017
Tier 1 Ent extension was approved 2 years later (June 2019). This visa is valid till June 2021

Issue: As My 10 years will complete in Jan 2020, I will be applying for ILR under Long residency, but my wife would not have stayed for 10 years then (7 months less) but her visa is still valid till June 2021.

Question:
1. If I change to ILR will her visa still be valid?
2. Her 10 year will complete in Sept 2020, can she remain on the Tier 1 Ent dependent visa till she applies for her ILR?
3. If no to the previous questions, what does she need to do to transition to ILR and when will she need to do this?
If possible please attach link to the relevant immigration rules so I can read further.

Your prompt response is highly appreciated.
Many thanks.

1. If I change to ILR will her visa still be valid?

The visa will not be invalid but she is expected to switch to the family route

2. Her 10 year will complete in Sept 2020, can she remain on the Tier 1 Ent dependent visa till she applies for her ILR?

Yes but UKVI may curtail her visa and will refuse her entry if she travels

3. If no to the previous questions, what does she need to do to transition to ILR and when will she need to do this?
If possible please attach link to the relevant immigration rules so I can read further.

FLR(M) and as soon as she can

Thank you Zimba for that quick response. I really appreciate.
Sorry I have 1 more question, How long will she be on the FLR (M), is it till Sept 2020 to complete her 10 years?

kim001 wrote: ↑

Sun Nov 24, 2019 6:46 pm

Thank you Zimba for that quick response. I really appreciate.
Sorry I have 1 more question, How long will she be on the FLR (M), is it till Sept 2020 to complete her 10 years?

Yes

Sorry to disturb you Zimba, I thought her time will reset to 5 yrs if I change route from T1 Ent to ILR. So under what circumstances will her time reset?
Many thanks

kim001 wrote: ↑

Tue Dec 03, 2019 9:48 am

Sorry to disturb you Zimba, I thought her time will reset to 5 yrs if I change route from T1 Ent to ILR. So under what circumstances will her time reset?
Many thanks

Changing to FLR(M) from PBS Dependent visa ONLY resets the ILR based on 5 years residence. If you get ILR based on Tier 1, then she can continue as a PBS Dependent until she has 5 years residence for ILR. The same does not apply if you get ILR based on long residence SET LR. So the important thing is, what route you apply for ILR on what her options are.

ALL visas count for ILR based on 10 years long residence.

Thank you very much CR001. I didn't quit get your point.
So this is it, I will be applying for ILR based on LR (10 year), but My last leave to remain was on T1 Ent on which my was is a dependant. If I successfully applied for the ILR, my wife will have to apply for FLR(M).
Already she has spent 9 years in the UK. Question is this: can she apply for ILR after 1 year or does she need to stay for another 5years?
Thank you.

kim001 wrote: ↑

Tue Dec 03, 2019 11:46 pm

Thank you very much CR001. I didn't quit get your point.
So this is it, I will be applying for ILR based on LR (10 year), but My last leave to remain was on T1 Ent on which my was is a dependant. If I successfully applied for the ILR, my wife will have to apply for FLR(M).
Already she has spent 9 years in the UK. Question is this: can she apply for ILR after 1 year or does she need to stay for another 5years?
Thank you.

She can apply under long residence when her 10 years is complete next year