when dependant would be eligible for ILR

[arihan]

I am in Tier-2 general visa and valid upto 14-dec, 2013

my wife as dependent came here on 22nd july 2011 and of course her visa is also valid upto 14-dec , 2013 same as I.


now i am going to complete 5 yrs at the end of this month ( 27th march) so i am going to apply for ILR (say april 1st-2nd week i am going to apply)


Q1:- However my wife in physcically has not stayed here in uk for two years but her visa got stamped in india on 20th may, 2011, and she came here on 22nd july, 2011.( less than 90 days)
so when earliest my wife can apply? can she apply 28 days from stamping date. i.e 20th may, 2011 or has to complete exactly 2 yrs in this country to get eligbile

Q2:- Lets assume she needs to stay physically here for 2 yrs before applying for ILR.
on that case let say I got my ILR in first week of april. So does she need to change her visa status to ILR dependant or can she continue with her existing visa status ( tier-2 general dependant)

Q3:- After I get ILR ( say first week of april) then if i leave my comapny immediately ( this is the company who sponsored my tier-2 general visa) then will it cause problem to my wife's visa status.

Note:- My solicitor said that once i get the IRL in say first week of april, however my wife can continue with the existing visa status ( tier -2 general dependant) till its present expiry date ( i.e 14-dec-2013)
is it correct? anywhere in ukba its written..

[wpilr_nov12]

My replies in blue

I am in Tier-2 general visa and valid upto 14-dec, 2013

my wife as dependent came here on 22nd july 2011 and of course her visa is also valid upto 14-dec , 2013 same as I.


now i am going to complete 5 yrs at the end of this month ( 27th march) so i am going to apply for ILR (say april 1st-2nd week i am going to apply)


Q1:- However my wife in physcically has not stayed here in uk for two years but her visa got stamped in india on 20th may, 2011, and she came here on 22nd july, 2011.( less than 90 days)
so when earliest my wife can apply? can she apply 28 days from stamping date. i.e 20th may, 2011 or has to complete exactly 2 yrs in this country to get eligbile, but can apply during the last 28 days of reaching 2 yrsQ2:- Lets assume she needs to stay physically here for 2 yrs before applying for ILR.
on that case let say I got my ILR in first week of april. So does she need to change her visa status to ILR dependant or can she continue with her existing visa status ( tier-2 general dependant) CORRECT.

Q3:- After I get ILR ( say first week of april) then if i leave my comapny immediately ( this is the company who sponsored my tier-2 general visa) then will it cause problem to my wife's visa status. NO.

Note:- My solicitor said that once i get the IRL in say first week of april, however my wife can continue with the existing visa status ( tier -2 general dependant) till its present expiry date ( i.e 14-dec-2013)
is it correct? CORRECT anywhere in ukba its written.. See the PBS Dependent document from my Useful Links below

[anandh79]

Hello Wpilr,

My case is similar to the above except we are in Tier 1 and my wife is already eligible for PR.

The only difference is that my wife will be going to india and coming back by 2 months.

I will apply on April whereas she will apply on August. Our existing tier 1 is valid till 2014 march.

Please advise whether it is ok and also let me know the page number in the PBS dependant which says that it is fine to continue with existing visa when the main applicant has got into ILR.

[wpilr_nov12]

Please start your own thread without using any parallels to anyone else's case as every case is unique.

[vinny]

Hello Wpilr,

My case is similar to the above except we are in Tier 1 and my wife is already eligible for PR.

The only difference is that my wife will be going to india and coming back by 2 months.

I will apply on April whereas she will apply on August. Our existing tier 1 is valid till 2014 march.

Please advise whether it is ok and also let me know the page number in the PBS dependant which says that it is fine to continue with existing visa when the main applicant has got into ILR.

Please continue in previous thread.