Dependent of ILR holder on the basis of 10 year route

[kunal parikh]

Hi

I would like to know for my friend who has recently obtain ILR on 10 year basis in March 2015. His wife is in UK since April 2009.

I just would like to know can he now apply FLR M first and immediately SET M for his wife once she receive FLR M. I just want to confirm as the rule were changed in April 2014??

She has already been on dependent visa since April 2009. Does she has to wait for 5 years spouse visa rule or she can get direct SET M.

Please advise.

Thanks
Kunal

[CR001]

She should apply for FLR(M) and unfortunately because the rules changed last year in April, it will reset her clock to zero and she will have to wait another 5 years before she can apply for ILR (or 10 years long residency if that is sooner). She cannot use the time she has already spent in the UK towards the new 5 years residence.

Does she has to wait for 5 years spouse visa rule

Yes

or she can get direct SET M

No

Your friend and his wife would have been better off applying under the Tier 1 or Tier 2 (whichever he had) as his wife would have qualified with him on 5 years residence.