ILR for Dependent

[adnan742]

Hello, can anyone please clarify me on this?
MY ILR is due in September'2013 and i got married in 2011 and my wife came in December 2011 so she will be completing two years in Dec2013.
We both have visa till September 2014 so my question is?
1 . if I go for ILR in September 2013 then do i need to include my wife in applicatoin ? will UKBA consider as she will be short of two months?

2. If I go for ILR myself only then my wife Tier1 (Gen) Dependant visa valid or not ? as i've seen some where that you need to convert wife visa category to FLR ??
can anyone please suggest?

[Amber]

Hello, can anyone please clarify me on this?
MY ILR is due in September'2013 and i got married in 2011 and my wife came in December 2011 so she will be completing two years in Dec2013.
We both have visa till September 2014 so my question is?
1 . if I go for ILR in September 2013 then do i need to include my wife in applicatoin ? will UKBA consider as she will be short of two months?

2. If I go for ILR myself only then my wife Tier1 (Gen) Dependant visa valid or not ? as i've seen some where that you need to convert wife visa category to FLR ??
can anyone please suggest?

Is your wife a PBS dependent? Are you applying as a PBS applicant or long residence?

[adnan742]

yes my wife is PBS dependent and i am applying for ILR as PBS applicant completing 5 years..

[vivdubes]

The visa would be valid even though you may have got ILR.

Good luck

[Amber]

As you are a PBS applicant your spouse can remain a PBS dependent and once qualified can apply for settlement on set(o). The PBS dependent visa does not need to be extended as it expires after your spouse is qualified.

[adnan742]

Thanks D4109125 & vivdubes.

Hello vivdubes, do you have any reference for that if PBS dependent have enough visa they will quality for ILR if applied with main applicant ?

[vivdubes]

Explained here > 7.17-7.21
http://www.ukba.homeoffice.gov.uk/sitec ... /hc565.pdf

Good luck

[adnan742]

thanks, but all of these rule looks like to be apply on dependent who came after July 2012. I can't see any where its mentioned that if you long enough visa you may probably get ILR with the main applicant.

[Amber]

thanks, but all of these rule looks like to be apply on dependent who came after July 2012. I can't see any where its mentioned that if you long enough visa you may probably get ILR with the main applicant.

See IMMIGRATION DIRECTORATE INSTRUCTIONS
FAMILY MEMBERS UNDER APPENDIX FM OF THE IMMIGRATION RULES at page 8 - 3.2. Your wife will qualify when she has completed 2 years, as her visa does not expire until after 2 years, she can just wait and apply on her own using set(o) under paragraph 319E (b) (i), (c) (i), (d) (i).