Tier 1 Dependent - ILR eligibility

[asrmba]

Dear experts,

I got my ILR granted 7 months ago and this is regarding my wife and 5 yrs old child.

They both are on Tier 1 dependent visa, initial entry clearance granted on 18/may/2012 and enter into the UK on 30/May/2012, since then they have been in the UK except few weeks.

The question is, when do they eligible for ILR? their current visa shall expires on 12/Mar/2017.

pls advise.

Thanks.

[CR001]

On what basis did you get ILR, Tier 1 with 5 years residence or ILR based on 10 years long residence?

[asrmba]

I was issued on 5 yrs basis. visa was issued 7 months ago (April 5th 2016)

[CR001]

They could have applied for ILR with you.

They can both apply now on form Set(O), wife as main applicant and child as dependent, on one form.

Wife will need to meet the English B1 requirement and LIUK.

[asrmba]

Many thanks for your advise.

I had a talk with a legal advisor yesterday and he suspected that my wife & child may have to complete 5yrs of stay, however he was not sure of it.

Can you advise, is there any specific rule that applies to them?

Thanks,

[CR001]

He is talking nonsense. Your spouses' PBS dependent visa was granted pre-July 2012, she falls under the old rules of 2 years residence to qualify for ILR.

See link below.

http://www.immigrationboards.com/immigr ... 14832.html

This is obviously provided she has not been out of the UK and a visa expired and she had to apply for a new entry clearance visa.

[asrmba]

Many thanks and so kind of you.