Tier 1 General to ILR, query regarding dependant spouse

[rizwan567]

Dear Forum members

I will be very thankful if someone could clarify:

1. Applicant is on Tier 1 General and is due for ILR now (current visa expiring on 25 Sep 2012)
2. Applicant has 3 children and dependent spouse (all of them got initial visa and flew to UK in March 2012.
3. Applicant needs income of 35k to qualify for ILR which he does easily.

Now here is the tricky bit.

As spouse and children only arrived in UK 5 months back. So spouse has not spent last 2 years within the UK with the applicant and hence does not qualify for ILR. But the children do because this requirement does not apply on children.

Does spouse needs to apply separately under Set(M) form? If yes, will she get 5 years spouse visa?

With 3 dependent children, does the income of 37,000 fullfill the requirement for spouse to get spouse visa? of a settled worker?

Please please give your feedback and right course of action.

[geriatrix]

Assuming the dependent's (spouse) current leave is expiring 25-Sep-12, then an application for extension of PBS dependant leave needs to be submitted.

Yes, extension of PBS leave is now allowed (319C and 319D).

Alternatively, an application for FLR(M) can be submitted. But if the spouse is not a doctor / dentist, I would strongly suggest that spouse applies for PBS dependant extension and not switch to FLR(M).