ILR Long Residency and Tier 1 General Dependant (Old Rules)

[Aden]

Hi Folks, I asked this question on a previous thread (albeit an old one) but got no response hence my decision to start a new topic. I am sure I am not in a unique position but I have struggled to find a clearcut answer to my situation either on gov.co.uk or on this site. I have also called the HO enquiry line and got different conflicting responses from the operators I spoke to on 4 occasions

Apologies in advance if this is a duplicate question, I'll be more than happy to be pointed to an existing thread that answers my question.

Basically, my enquiry is about a prospective ILR application for myself and its impact on my Tier 1 - PBS Dependent spouse.

Here are my (Primary Applicant) key immigration details:
Current Status: Tier 1 (General) Leave to remain
Date of First issue: 18-03-2011
Date of last renewal: 11-03-2013
Date valid till: 18-03-2016
Date of first arrival in the UK: 02-05-2005

And here are the key immigration details of my spouse:
Current Status: PBS Dependant (Tier 1) Leave to remain
Date of First issue: 17-05-2011
Date of last renewal: 11-03-2013
Date valid till: 18-03-2016
Date of first arrival in the UK: 01-09-2011

From the information submitted above, it is apparent that by 02-05-2015 I will be qualified to make an application for Indefinite Leave to Remain under the 10 year Long Residence category. By that time, my wife who came in before the new rules came into effect would have been in the country as my dependant for approximately 3 years and 7 months with about 10 months left on her PBS Dependant Leave to remain visa.

My questions are as follows:

1. If my ILR is approved for the 10 year long residency route, will my wife be also eligible for settlement?

2. If she is, when will be the best time to apply for her settlement? (Will be this at the same time as my SET(LR) application, or on receipt of my SET(LR) approval or at the end of her current PBS Dependant Leave to remain) and what form should we use for her application?

3. If she is not eligible for settlement at that point in time, what options are available to us? Will she have to wait to apply for settlement at the end of PBS Dependant Leave to remain - by which time she would have spent 4 years and 6 months in the United Kingdom.

4. If she has to wait till the end of her current visa, does that mean I have to delay my application in order to apply at the end of my Tier 1 (General) qualifying period and completely disregard the 10 Year long residency route?

I would really appreciate all the help I can get from the experts in clearing this ambiguity so as to enable up plan ahead from an informed vantage point.

Thank you in advance for your anticipated response.

[CR001]

My questions are as follows:

1. If my ILR is approved for the 10 year long residency route, will my wife be also eligible for settlement? No, she will have to switch to FLR(M) and her clock for ILR will reset to zero and she will have to wait another 5 years (which includes an extension on FLR(M)) before she can apply for ILR. The rules changed in April 2014 and PBS dependent time cannot be combined for the purpose of ILR if the PBS main applicant applies for ILR based on long residence.

2. If she is, when will be the best time to apply for her settlement? (Will be this at the same time as my SET(LR) application, or on receipt of my SET(LR) approval or at the end of her current PBS Dependant Leave to remain) and what form should we use for her application? See point 1 above

3. If she is not eligible for settlement at that point in time, what options are available to us? Will she have to wait to apply for settlement at the end of PBS Dependant Leave to remain - by which time she would have spent 4 years and 6 months in the United Kingdom. See point 1 above

4. If she has to wait till the end of her current visa, does that mean I have to delay my application in order to apply at the end of my Tier 1 (General) qualifying period and completely disregard the 10 Year long residency route? Your choice, it will be easier for your partner if you apply via the Tier 1 5 year route

I would really appreciate all the help I can get from the experts in clearing this ambiguity so as to enable up plan ahead from an informed vantage point.

[Aden]

Thanks CR001 for your response. This is a very dire and unfortunate development (post 09/July/2014) changes. If the best option available to us is to apply at the end of our Current Tier 1 General PBS Leave, what are the set of requirements for myself and my spouse to qualify? Considering she wouldn't have spent up to 5 years by that time.

[CR001]

If you proceed with Tier 1 ILR route, your wife needs 2 years residence as she applied prior to the July 2012 changes.

Perhaps one of the other mods can confirm.