Confusion about my Dependent's visa Status for ILR

[srinuuuuu]

Hi,
1. I Initially came to UK in 2004 as a student and my partner got the dependent visa in 2005.
2. I got my Initial HSMP Visa in July 2011 and my spouse also got his dependent Visa along with me.
3. In October 2013, I got the HSMP visa extended and my spouse's dependent visa also got extened until October 2017.
4. In June 2014 I got my ILR on 10years basis, However as my spouse has visa until 2017 we did not bother to apply for ILR dependent (By that time, my spouse did not pass the LIUK and B1-English).

Now some one told us that it is considered as an illegal stay as the Visa status of the main applicant has changed. Is it true? My spouse is also eligible for ILR 10 years route but now we are worried about the last two years visa status.

Please reply and please Help....

-Srinu

[CR001]

Should be ok.

[srinuuuuu]

Thank you for your reply. Apologies for my ignorance, but if we want to apply for ILR using dependent route then can we apply with current visa status or do we have to be on FLR(M) for atleast 2 years?

Should be ok.

[CR001]

She cannot apply for ILR as a PBS Dependent because you applied for ILR based on long residence. The rules are clear on this. If you want to use 5 years residence for ILR, she must apply on FLR(M) and wait 5 years. There is no '2 year route' anymore. The rules for PBS dependents of ILR LR applicants changed in April 2014.

Why did she not change her visa sooner?

[vinny]

If she is eligible for SET(LR) prior to her leave's expiry, then go for it. iMHO, she is not considered as an illegal. But do not travel.