Tier-1 dependant advice/ ILR

[immiuk1]

Looking for advice here.

I am on Tier-1 , Jan 2008 initial entry HSMP ,renewal Tier1 have apply for ILR in Dec 12.

My wife is on tier-1 dependant and by Dec she would have completed 1yr 6 months, now my question is

a) would she be eligble for ILR application

b) if not what visa i would need to apply for her

c) would it have to be a separate application to mine if its not ILR

lets say if its Tier-1 extension again how long will she get it for now , considering I am applying for ILR.

cheers

[Lucapooka]

She can't apply for ILR until she has made two years of residency in the UK. If her current PBS dependant leave does not extend until her two years have been completed, she will first have to apply for leave to remain using form FLR(M).

[nottinghill]

a) would she be eligble for ILR application- No . She has to completed 2 years in UK

b) if not what visa i would need to apply for her- Once you get ILR she has to switch her visa to spouse of ILR person until she qualify for ILR. So she has to fill FLR M

c) would it have to be a separate application to mine if its not ILR- YES FLR M

lets say if its Tier-1 extension again how long will she get it for now , considering I am applying for ILR - Usually it depends I think another 2 years but I am not sure

[black7]

She can't apply for ILR until she has made two years of residency in the UK. If her current PBS dependant leave does not extend until her two years have been completed, she will first have to apply for leave to remain using form FLR(M).

Dear Lucapooka.. can you direct me to relevent rules which states that PBS dependent migrant whose current leave extend until 2 years, then she can apply for ILR directly without applying for FLR (M) even though main applicant is no more on tier 1 visa i.e. he has ILR

My current situation is that I with my wife applied for tier 1 extension in april and she has dependent visa until april 2014, since I completed my 5 years this August I applied for ILR today and was successful... I am just confused as what should I do for my wife visa
I asked the same question to the lady who was taking my document ( she was a junior staff) and she said that my wife will have to apply for new visa as you are no more tier 1 dependent after success of this application, but she turned back to ask somebody senior ( presumbly case worker) as what form I need to fill for wife, and the senior lady after asking when she will complete 2 year ( which is April 2013), she said that my wife does not need to apply for visa and she can apply directly for ILR once her 2 year is completed ( but she cationed that this is the case as of today and the rule might change so keep an eye on the rules)

I asked the same question to case worker who dealt with my case and he also replied that my wife does not need to apply for any visa again and she can directly apply when her 2 year is complete.

The reason I am asking for the rules is although now I believe that she does not need to change visa, but she can have problem in emmigration on airport if some staff are not aware of the rules... and if I can have a printout then it will be very handy

Thanks for your help in this regards

[Lucapooka]

Dear Lucapooka.. can you direct me to relevent rules which states that PBS dependent migrant whose current leave extend until 2 years, then she can apply for ILR directly without applying for FLR (M) even though main applicant is no more on tier 1 visa i.e. he has ILR

The old rules did not permit separate ILR applications from PBS migrants; joint applications were mandatory. The new rules do permit the PBS migrant to apply separately and later, after they have completed their residence period. This is only possible if the extant PBS dependant leave continues to the completion of the residence period, otherwise a switch into FLR(M) is necessary.
319E. Requirements for indefinite leave to remain

[...]

b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is being, or has been, granted indefinite leave to remain as a Relevant Points Based System Migrant .

c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being or has been granted indefinite leave to remain.

[black7]

The old rules did not permit separate ILR applications from PBS migrants; joint applications were mandatory. The new rules do permit the PBS migrant to apply separately and later, after they have completed their residence period. This is only possible if the extant PBS dependant leave continues to the completion of the residence period, otherwise a switch into FLR(M) is necessary.
319E. Requirements for indefinite leave to remain

[...]

b) The applicant must be the spouse or civil partner, unmarried or same-gender partner of a person who is being, or has been, granted indefinite leave to remain as a Relevant Points Based System Migrant .

c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being or has been granted indefinite leave to remain.[/quote]

Thanks for the information... so the key word is "has been" .
I did went through the rules but could not make it out myself.
Thanks again and for now I have decided not to apply for my wife FLR and will apply for her ILR in april directly.

Regards