ILR Dependent Visa Clarification

[bhargavk]

Hi Gurus could any one of you guide me regarding the ILR for my dependent wife.

I have ILR approved on 28th march 2012 .

My Wife joined me on 7th March 2011 as Teir 2 dependent and her visa expired by sep 2012 and latter applied for FLR (M) though Post but due emergency we requested documents and she had fly back to India on Nov 5th 2012 . now she doesn’t hold any UK Visa.

As i hold ILR and she will be completing two years with me i am thinking to apply ILR for her from India. I have few clarifications which need resolved.

1. Can she apply for ILR From India as she stayed 18th Months with me UK ( currently she is India ) .If so what is processing time for ILR from india.
2. Or should i go for a new visa as she doesn’t hold any visa now as ILR dependent from india .if so will she be eligible to get ILR with old guideline or she have to wait for 5 years as per new guidelines

what is the best way can you please suggest to bring her here.

[CR001]

1. You cannot apply for ILR outside of the UK.
2. She will have to apply for spouse visa of settled person (VAF4) and she will be under the new rules and will have to wait for 5 years before she is eligible for ILR. Because her visa expired in September 2012 and you withdrew here FLR(M) application, her residence is broken as she has no valid visa.

[bhargavk]

Thank You . That was helpfull