ILR for Applicant+Dependent (HSMP+Tier1 General) 2 Year

[primaryracer]

Please accept my sincere apology if it’s a repetitive post
I have been reading through different post for hours and unable to reach to any conclusion. Everybody is talking about same thing, yet I believe each member has different circumstances. So here is my story and I’ll be grateful for your input to clarify the situation.

• I have been in UK since in October 2004, but switched to HSMP in November 2007 after finishing studies.
• In November 2009 I extended my visa under the Tier 1 General Category, which is valid till November 2012.
• I got married in September 2010 and my wife joined me same year in November 2012 as Tier 1 General Dependent. She was given two years visa which ends in November 2012. She will also complete her two years in UK as my dependent at same time I qualify for ILR.

However, here is the confusion…She was absent from UK for six months to work abroad. She is a doctor and couldn’t work in UK until she has passed her PLAB (Thanks to GMC). She left UK in June 2011 and came back same year in October 2011. I can produce the documentary evidence that she was working abroad.

I have completed the SET (O) form and they are only asking for absent details of main applicant. I believe since she is my dependent it should be ok, so please correct me if I am wrong.

Now what are my options…?
• Can she apply for ILR with me on same form…?
• If not then do I have to extend her visa (what form) for six months and then apply for ILR?
• Would she still qualify for ILR within two years rule or have to wait for five year…?
• If she has to extend her stay then can we do it at same time, i am planning to submit my application in person…?

I have friends saying that it should be ok and she can get ILR with me in November (2012) with me. At the same time others have different opinion. She is in UK as my depended and we are living together.
Could I please have your thoughts…? Has anyone else from this forum been in similar situation…?
Thanks for reading, if you are not clear about any point then please do ask and I will provide more information!

[wpilr_nov12]

Here is a reply to a similar situation

FAQ:
http://www.immigrationboards.com/viewtopic.php?t=79378

Q 12:
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement separately (196D).
For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".

Q 13:
PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be *no need* for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly.

[primaryracer]

Sorry, if i am being thick..But when i read the Q 12 i reach the conclusion that she does need to apply for extension before she apply for ILR
However, according to Q 13 she doesn’t have to as her leave will expire after 8th July.
Has anyone been in a similar situation or who has a same case as me…?
Many thanks

[wpilr_nov12]

Sorry, if i am being thick..But when i read the Q 12 i reach the conclusion that she does need to apply for extension before she apply for ILR
However, according to Q 13 she doesn’t have to as her leave will expire after 8th July.
Has anyone been in a similar situation or who has a same case as me…?
Many thanks

If she meets her 2 yr qualifying period before current visa expires, but if you have ILR, then she doesn't need to anything (no extension).

If she does not meet her 2 yr qualifying period before current visa expires, but if you have ILR, then she needs to file for FLR(m).

[primaryracer]

Thank you again

Unfortunately it does expires before she complete her two year, which is in November

Its looks like I do have to fill FLR M for her extension.
Do you happen to know if I could submit both applications at same time? I am planning to go to EPO office and it would ideal if u could get everything done on say day..

If not then what are the requirements for FLR M extension…?