Dependent visa under ILR application (main applicant)

[Sanjeevdesh]

Hello,

Have a query on my wife and Daughter's visa.Need some help.
I am on ILR, got my ILR in May 2012.
However, my wife first got her visa as tier1 general partner from 31/05/2011 to 21/05/2012.
Due to personal circumstances she had to go back to India and when applied from India was rejected and and also due to medical reasons she stayed back in India till 2015.
From 03/03/2015 to 03/12/2017 she and my daughter got visa under spouse/cp

Now, we are applying for ILR and my understanding is, she has completed more than 2 years(combined), is eligible for ILR 2 year route.

1. Need some help as her stay was interrupted in between will they ask for 5 year route or they should consider 2 year route for ILR?
2. And should we use SET(M) application or SET(O)?

Any input will be really appreciated.

Thanks
Sanjeev

[CR001]

No, she does not qualify for ILR and neither does your child.

They need 5 years residence on their current spouse visa before they can apply for ILR. They must apply for an extension on FLR(M), pay the fee PLUS immigration health surcharge and meet the A2 English for your spouse and you need to meet the financial requirement of £22,400pa.

There is no 2 year route for applications made after July 2012.