ILR under 10 year category_Dependant

[mechenguk]

Hi, I would appreciate if someone can provide me advice regarding application for ILR under the 10 year long stay category.

I am currently on a Tier 2 (general) visa , but completed 10 year in the U.K ( student+work permit+tier2) in Jan 2012. I also have a Tier2 dependant (spouse) who has lived in the U.K with me for over 3.5 years.

My 10 year stay in the U.K is straightforward with no spurious history, therefore I now intend to apply for ILR under 10 year route.However, I am aware that dependants cannot apply together for the 10 year ILR route

My question is-When and where should my spouse apply for FLR(M) as an ILR dependant. Her visa would expire as soon as my ILR gets approved-therefore will she have to go back outside the U.K and apply for FLR (M).

Also, is my spouse not eligible to apply for ILR using SET (M) after my ILR application gets approved instead of FLR (M), as we have already lived together in the U.K for 3.5 years.

Also, if my spouse goes down the FLR (M) route-when will both of us be eligible to apply for U.K citizenship.

Many thanks in advance

[Lucapooka]

She has to apply inside the UK, otherwise, is she applies for entry clearance, she will have to wait two years because 287 (a)(i)(d) refers only to partners of PBS dependants who then applied for an extension of leave rather than leave to enter. I suggest she applies by post before her current leave expires stating that you already have a pending application with the UKBA and to treat her application in series with yours. As soon as her FLR is approved she may than apply for ILR.

[mechenguk]

Do u mean my spouse can apply for ILR using set (m) form immediatly after the initial FLR (.m) is approved ?

Thank you

[vinny]

Yes.

[mechenguk]

Again, thanks for the prompt response

Can you also please inform me whether my spouse can apply for FLR (M) through post or premium appointment , after my 10 year ILR application gets approved?

This is because she would need her passport for additional travel outside the U.K during the time when my 10 year settlement application is being processed. Applying for FLR (M) along with my 10 year application will mean that her travel would not be possible.

Regards

[vinny]

Yes.