Can my spouse apply for ILR now?

[jigneshkv]

My wife came to UK on a Tier 1 (General) Partner visa.
Date of entry clearence: 30/08/2011

At the time I was on a HSMP Tier 1 visa. Subsequently, I acquired ILR and she got her LTR

LTR visa valid from: 06/02/2012
To: 06/02/2014

Currently, I hold a British passport and I am aware that since she entered UK before 9th July 2012 and also her LTR was issued before that date she falls under the 2 year ILR category under the old rules.

All I want to know is when can she apply for her ILR now?

She has spent 2 years since she 1st entered UK but then I was on a HSMP visa. Does that count or she needs to apply after her LTR expires on 06/02/2014?

I would really appreciate your replies as its not cheap to apply for ILR.

[geriatrix]

When did your wife first enter the UK as a PBS dependant? And under what category does she have her current LTR?

[jigneshkv]

1st entered UK on 30/08/2011, VISA: Tier 1 (General) Partner

Current LTR
Spouse/Partner Leave to Remain


I had applied for my ILR and her LTR at the same time and after my ILR was issued, she got her LTR on 06/02/2012

[Amber]

Based on what you have wrote the fact that she a PBS dep prior to July 2012 gives her transitional protection and also she applied for flr(m) prior to Jult 2012. Therefore, subject to meeting the other requirements she can apply to settle from 28 days before 30/08/2013 using immigration rule 287(a)(i)(d) if her current stay is flr(m).

[geriatrix]

She may apply for settlement now using SET(M), if she applied for FLR(M) leave in 2012.

[jigneshkv]

Thanks very much to both of you. That is very reassuring. Yes, the LTR was made using FLR-M.

The online application is suspended until the 19th of August and we want a PEO appointment as travelling to India in October. Hopefully this will be sorted soon.

I shall get the ball rolling now.

Thanks again!