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No. She would need to have entry clearance as your dependant prior to your ILR application, if she wants to be included with your ILR application.

immiguy wrote:Hi,

I am on Tier 1 General Visa which is due for ILR in April 2012, and my wife is on individual Tier 1 General Visa (Exp in Aug 2012). We are living together since last 2 years, Can she also apply for ILR along with me in SET(o)Form?

If not, what are the other options so she can obtain ILR asap?

Please reply at your earliest!!

Thanks for you help
Immiguy

check this
http://www.immigrationboards.com/viewtopic.php?t=93097

Hey guys,

Thanks for replying, much appreciated.

What I have understood here is, if i convert my wife visa now from Tier 1 General to depandant, she has to go back to Home country and apply from there as I am holding Tier 1 General visa.

I would rather thinking to do below:
First I'll apply for ILR and then my wife will apply for FLR(M) spouse visa that saves her going back to Home country. she can apply for FLR(M) within UK.

But my Question here again, we have to wait for 2years before she can apply for ILR? we are currently living together since last 2 years can't this period be counted?

Thanks,
immiguy

immiguy wrote:I would rather thinking to do below:
First I'll apply for ILR and then my wife will apply for FLR(M) spouse visa that saves her going back to Home country. she can apply for FLR(M) within UK.

But my Question here again, we have to wait for 2years before she can apply for ILR?

Yes (288). Perhaps longer.

immiguy wrote:we are currently living together since last 2 years can't this period be counted?

No, as 287(a)(i)(d) will not be applicable.

In FLR(M) they didn't specify any specific time period when to apply (just say apply before end of your visa) Can she apply in April 2012, as her visa exp: Aug 2012?

So if she is applying for FLR(M), She doesn't need to pass Life in UK test, as she has completed her Bachelor degree in english from Mumbai, which i'll check under UK NARIC.

But she needs to pass Life in UK test when she is applying for SET(M) application?


Thanks Vinny for replying, you are doing great job.
immiguy

immiguy wrote:In FLR(M) they didn't specify any specific time period when to apply (just say apply before end of your visa) Can she apply in April 2012, as her visa exp: Aug 2012?

Yes, if you're granted ILR.

immiguy wrote:So if she is applying for FLR(M), She doesn't need to pass Life in UK test, as she has completed her Bachelor degree in english from Mumbai, which i'll check under UK NARIC.

English test.

immiguy wrote:But she needs to pass Life in UK test when she is applying for SET(M) application?

KOL.

Thanks Vinny,

By looking at current scenario and the talks I have been hearing i would rather keep her into on her exisiting Tier 1 General visa as next in 2 years she is eligeble for ILR but if she apply for Spouse visa and the immigration rule change inbetween from 2 years to 5 years then she would have wait for longer.

immiguy wrote:Thanks Vinny,

By looking at current scenario and the talks I have been hearing i would rather keep her into on her exisiting Tier 1 General visa as next in 2 years she is eligeble for ILR but if she apply for Spouse visa and the immigration rule change inbetween from 2 years to 5 years then she would have wait for longer.

you will 'keep her...on her existing tier 1 general visa' surely it's your wife's decision whether she switches or not?!

If she decides to switch then she should do so sooner rather than later in order to avoid the change in the law you have highlighted (which may or may not come in, but if it does, I would think it would be unlikely to apply retrospectively, but I could be wrong), and also because the two years does not start until she switches.