Applying for dependant/PR within UK

[s_a_n]

Hello Gurus,

I get my PR in Feb2013 and my wife in Aug2013. Both of us are on independant Tier1 general immigrant visa. She is now carrying and that is causing some issues with dates.

Could you please help me on following questions:

a) Can she apply as my dependant when I apply for PR with her current Tier1 visa? We have stayed together whole of 4.5 years and have necessary cohabit documentation along with marriage certificate.

b) If not, can she apply as my dependant from UK (if yes, what form should I use). Once this is done, I suppose she can apply for PR along with me if done in good time.

Regards,
san

[geriatrix]

She is not in UK as your dependant, hence she cannot apply for settlement as your dependant - neither with you nor after you have been granted settlement

She may switch to FLR(M) after you are granted settlement, but do note that she will then be eligible for settlement only after completing 5 years on FLR(M) leave.

[s_a_n]

Sushdmehta,

Sorry mate - to be clear.

Can she apply as my dependant within UK before I apply for ILR?


Regards,
San

[geriatrix]

No. She will need to apply for entry clearance from outside the UK as a PBS dependant - and, like above, will need to wait for 5 years to be eligible for settlement.

[s_a_n]

Thank you very much for the response.