Wife's ILR eligibilty

dmont1 · Post by **dmont1** » Sat Apr 13, 2013 2:49 pm

Hi All,

I am on Tier 1 (general) since Sep 08 and eligible for ILR in Aug.
My wife is on Tier 1 (general) too since Feb 2010 and is in UK since June 2010, when we got married.

Will she be eligible for ILR too straightaway if she becomes my dependent on ILR when I apply in August, as she is in country for almost 3 years. Or will she have to continue as Tier 1. Kindly advise

Thanks
D

Post by **vinny** » Sat Apr 13, 2013 3:14 pm

No. If she changes to being your dependant, then her qualifying period for ILR will be subject to 319E(d).
Probably quicker to remain on Tier 1.

dmont1 · Post by **dmont1** » Sat Apr 13, 2013 3:31 pm

these are ridiculous rules.

1 question though. if i apply for her dependent visa, her 5 years will start from our co hab in june 2010 or aug 2013

thanks for your reply

Post by **Greenie** » Sat Apr 13, 2013 4:06 pm

Her 5 years would start from when she is granted leave as your spouse, not from when you started living together in 2010.

Post by **Greenie** » Sat Apr 13, 2013 4:21 pm

vinny wrote:No. If she changes to being your dependant, then her qualifying period for ILR will be subject to 319E(d).
Probably quicker to remain on Tier 1.

Vinny I believe the OP is talking about his wife making the application after he has ilr in which case those rules would not apply, she would have to apply under appendix FM, although the effect is the the same, her ilr clock would restart.

Post by **vinny** » Sun Apr 14, 2013 1:52 am

Thanks. You are correct in thinking that I thought that he had intended for her to apply for a dependant visa first, while he was still on Tier 1.

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Wife's ILR eligibilty

Wife's ILR eligibilty