ILR for my Spouse

[mki75]

Hi,

I would be really grateful if somone could clarify the following query please.

I am on a student visa since 2002 and going to apply for the ILR in September this year on the basis of Long Residency. My wife has been living with me for the last 7 years on a student dependant visa but changed her visa category to Tier1 General last year in April 2011 inside UK.

My question is.."If i am granted ILR after few months, Can my wife apply for an ILR straightaway or will she has to apply for a further leave to remain on spouse visa first. I am asking this in particular to my situation where my wife is already been with me in england for the last 7 years, does she still has to live for another 2 years on spouse visa first to become eligible for an ILR.

Can somone clarify this please.

[geriatrix]

Dependant of ILR (long residence) applicant

[mki75]

Dependant of ILR (long residence) applicant

[mki75]

Thanks sushdmehta for providing the link. But i am still confused and unable to perceive any clear answer particularly in view of my query.

Can my wife apply for a spouse visa after i am granted an ILR and has to stay for another 2 years or can she apply for ILR as she has been on my dependant visa for 7 years but changed to Tier1 General (main applicant) in 2011.

Can you please answer in view of my situation please.

Thanks

[asim72]

I found the answer clearly written in plain english in the link provided by sushdmehta.

It does clearly mention that "PBS dependants" would continue under current rules.

It crystal clear that your wife is in Tier 1 in her own right and not a "PBS dependant". So any spouse visa application from inside or outside UK will certainly be dealt with under new rules after 9th July.