Immigrationboards.com

I probably need the help of your guys. I'm going to appy for ILR at the end of this year based on 10 year rule after student and psw. My spouse came to the UK about 7 months later and she could apply for ILR soon after as well. But I am not sure if my spouse will have to appy for a new dependant visa after I get my ILR. After I switch from PSW to ILR, the psw dependant visa of my spouse might not be valid any more. But applying for a new dependant visa would be completely a waste of time and money for us, as by th e time she get the new dependant visa she will be qualified for ILR. Thanks for the advices!

1. When does your spouse's current leave expire?
2. When does she become eligible to apply for settlement under long residence?

If she has sufficient leave and will not be traveling, then I think that she may wait and apply for ILR under long residence.

she will qualify for ILR next July and she's got sufficient leave (until the end of 2012).

sushdmehta wrote:1. When does your spouse's current leave expire?
2. When does she become eligible to apply for settlement under long residence?

I was hoping to give you the same answer (but after knowing the dates) that vinny has already given.

I'm just worrying if the Home Office will challenge the validity of my wife's psw dependant visa when she applies for ILR. Since I am going to change from PSW to ILR, her psw dependant will lose ground of validity.

vinny wrote:If she has sufficient leave and will not be traveling, then I think that she may wait and apply for ILR under long residence.

I believe that one remains legal unless his current leave is curtailed (323) or expires or one is subject to removal. However, if one travels, then he may be refused entry because his circumstances have changed (321). If your wife intends to apply for settlement under long residence and she does not intend to travel outside the CTA before then, then I believe she doesn't need to switch.

sushdmehta wrote:I believe that one remains legal unless his current leave is curtailed (323) or expires or one is subject to removal. However, if one travels, then he may be refused entry because his circumstances have changed (321). If your wife intends to apply for settlement under long residence and she does not intend to travel outside the CTA before then, then I believe she doesn't need to switch.

Please help me if you can.I heard that PSW duration does not count towards 10 years long residency as ukba says

http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

thanks

That's misleading. Any legal leave may be included under Long residence.

vinny wrote:That's misleading. Any legal leave may be included under Long residence.

what about 18 months rule.Its 18 months in total or less than 6 months in one single visit.

It's 18 months in total and less than 6 months in one single visit.