length of stay before applying for ILR(urgent)

[mubasher]

Hi

My name is Muhammad Ahmad. I am a Pakistani national I got indefinite leave to remain (ILR) in October 2011 on 10 years long residency basis.I was on HSMP when i got this ILR.I have been married three years ago in Pakistan and My wife was on dependent of HSMP visa from last 2 years with me here in UK , she got last week her visa changed to Spouse visa using FLRM form she got 2 years spouse visa now. I want to apply for her ILR because I have been told that I can apply for her ILR straight away and don't have to wait for next 2 years as she already spend 2 years with me as my partner(wife), so the time she spend on HSMP dependent will also be considered .but i was also told that you still have to change her visa to spouse (which i have done last week) and than you can apply straight way for her ILR, so can you please confirm that can i apply for her ILR straight way now?I want to apply for same day service to one of the PEO, I have all the documents ready as i recently changed my wife visa to spouse.I have following documents:

pay slips
bank statements
mortgage papers
2 years proof of addresses

Your quick response will be appreciated

.

Thanks and Regards

[bluebird2011]

She is entitled to ILR under section 287 (d).
However, the general assumption is that if you've got ILR on 10 years basis then her time (2 year period) for ILR would start from the date of FLR (M).
Please check Home office letter given to your wife with her FLR (M) visa.

Regards

[Greenie]

Were you on hsmp or tier 1 general?

[mubasher]

yes i was on hsmp tier 1 general but my ILR is on 10 years long residency basis as i was student before my hsmp and have spend 10 years legal time.but one of my friend he just got same case, his wife got 2 years (spouse visa) last month and now she got ILR ,he went for same day service to PEO croydon.no one knew in PEO office in the first window and said you cant apply but he said i have been told on general enquires (UKBA) number that she can apply but first she need to change FLR M which i have done last month, and after some verification they accepted application and she got ILR. but i dnt knw under what section she qualified but she was same on dependent visa before and than changed to FLRM and straight way got ILR, i also booked appointment now for my wife for 8th feb and lets see what happens. any comments?

[Greenie]

HSMP and Tier 1 general are different. Which one were you on before you got ILR? What was your wife's immigration status before she switched on form FLR(M)?

[mubasher]

i was on tier 1 general had 2 years visa in start and than got extension for next 3 years which is finishing on jan2013 bt i got my ILR on 29th oct 2011 on 10 years long residncy, my wife was dependent of tier 1 and here with me from last 2 years.and just got change to FLRM on 11th jan 2012.

[Greenie]

As i said, tier 1 general and HSMP are different and different rules apply for dependents so you need to be clear about the category you and your wife were in in order to recieve accurate advice.

On the basis that prior to applying for ILR, you were a Tier 1 General migrant, and on the basis that prior to applying for further leave as your spouse on Form FLR(M), your wife was a PBS dependent she may immediately apply for ILR now under para 287(d) and does not need to wait a further two years as the time spent as your dependent when you were a tier 1 general migrant, and time spent since she switched are counted together as part of the two year probationary period.

Your wife needs to meet the knowledge of language and life in the UK requirement, either by taking the Life in the UK test or passing a relevent ESOL qualification depending on her English level.

[mubasher]

Thanks Greenie yes i had tier 1 general on visa just confirmed on passport and wife was dependent of tier 1 general and been in country with me for last 2 years.

yep that was the only confusion bcuz when i called to general esquires some advisor say that previous period will not be counted in 2 years probationary period of your wife as you got ILR on long residency basis and some were saying that you can apply but you need to change to FLRM first which i have done now than your previous time period will be counted.so lets see what happens when i go to PEO croydon. but is there any one on this forum who had same situation and got visa sorted like this?

Thanks for your help