ILR and Wife Status

[zahid.ali.anwar]

Hi,

My friend is on Tier 1 General.

He recently received T1 Dependent visa for his family. The family will be coming in next month. He has the following queries;

1. Can his children apply with him for ILR in Dec 2013? His visa is running out in June 2014, but he will be eligible for ILR in Dec 2013.

2. After his ILR, what will be status of his wife? Does she need to apply for FLR(M) or T1G Dependent?

3. If she has to apply for FLR(M) does she need to complete 5 years before she apply for her ILR?

4. Does my friend has to show that he is earning £18600 when his wife applies for her FLR(M), T1G Dependent or ILR?

Thanks,

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants.

[zahid.ali.anwar]

Thanks Vinny,

But one question is after the main applicant became settled in the UK, how his wife can apply for extension of stay as tier 1 General migrant, as the Main applicant is now person present and settled in the UK. OR this has nothing to do with the application as dependant of Tier 1 General Migrant.

If the dependant spouse choose to go for FLR(M), then does the period spent in the UK as dependant of Tier 1 Migrant be counted in the 5 years qualifying period?

See also Dependants of ILR (economic, 5 year route) applicants.

[vinny]

But one question is after the main applicant became settled in the UK, how his wife can apply for extension of stay as tier 1 General migrant, as the Main applicant is now person present and settled in the UK.

It's permitted under the Immigration rules.

[vinny]

If the dependant spouse choose to go for FLR(M), then does the period spent in the UK as dependant of Tier 1 Migrant be counted in the 5 years qualifying period?

Probably no, as SET(M) is subject to E-ILRP.1.3.