ILR from dependency, how does wife apply?

[Mihelimaya]

Hello guys,

Im going for ILR after being a dependant for a few years and i have a few questions. A little on my background...

Me
Entered uk on student visa on march 2007
Left uk in nov 2011 to apply as psw dependant and returned to uk within 28 day period.
Applied for enterpreneur dependant visa along with wife in july 2013.
Visa refused and reappealed and granted in march 2014.

Wife
Entered uk on student visa on nov 2009
Applied for PSW on April 2011
We married in May 2011
Applied for entrepreneur visa on July 2013, refused,reappealed and granted on march 2014.

I assume i have no problems in applying for ILR since i complete 10 years of legal residence and also renewed visa and entered UK within given 28 days(please correct me if i am wrong)

1.My question is how do my wife apply to stay ? I have been told she needs to leave UK and apply as my dependant.

2.She is 3 years short of applying for ILR, is there any way to apply where her continuous residency is not broken?

3.Can she not apply for ILR with me since we have been married for 5 years and she has been in the country for 7 years

What is the best way for her to apply to remain in the UK as a dependent?

Much appreciated if someone can shed some light

Thank you

[CR001]

1.My question is how do my wife apply to stay ? I have been told she needs to leave UK and apply as my dependant.

Can she not continue on her Tier 1 ENT visa? Based on the information you provided, she is the main Tier 1 ENT visa holder. Why do you think she has to leave the UK if she is not currently your dependent? Don't believe everything you 'hear'.

2.She is 3 years short of applying for ILR, is there any way to apply where her continuous residency is not broken?

See answer above.

3.Can she not apply for ILR with me since we have been married for 5 years and she has been in the country for 7 years

No, not if you are applying for ILR based on long residence. ILR LR has not option for spouse to apply for ILR with you.

What is the best way for her to apply to remain in the UK as a dependent?

See answer to first question above.

[Mihelimaya]

Thank you for the reply CR001.

She cant renew under Tier 1 ENT as she has been chronically ill and unable to maintain the necessary extension criteria. Therefore will have to apply as my dependant after I apply for ILR. In this case whats the way forth for her? what is the form / category she needs to apply under?

It was a lawyer I consulted that said she has to leave and re-apply as my dependent because our dependencies are changing, it made no sense to me which is why I am here seeking for advice.

[CR001]

Lawyer is wrong, hope you didn't pay for such flawed advice.

Once your ILR is granted, she can apply on FLR(M) as your dependent. You need to earn £18,600pa and she will need English A2.

For her ILR LR, HO will still check that she has complied with her previous visa conditions, taxes etc.

[Mihelimaya]

Unfortunately I did pay and he asked for a lot more to process both our visas so I decided to do alone.

I plan on going for premium service, can I and my wife both apply on the same day through Premium service?

I fulfil the financial requirements but do I need to show a deposit of an amount? as for English she has a masters degree from a Uni in UK so she does not need any other English qualifications right?

Thank you so much for your valuable time!

[CR001]

Unfortunately I did pay and he asked for a lot more to process both our visas so I decided to do alone. I would ask for a refund.

I plan on going for premium service, can I and my wife both apply on the same day through Premium service? Yes, you can apply on same day, her appointment a couple of hours after yours. If your ILR fails, her application will also fail. If your ILR application is held for 'further enquiries', she cannot proceed on her visa application.

I fulfil the financial requirements but do I need to show a deposit of an amount? No, but you must submit 6 months payslips and bank statements.

as for English she has a masters degree from a Uni in UK so she does not need any other English qualifications right? Fine

Thank you so much for your valuable time!

[Mihelimaya]

Thank you so much !! Bless you.