ILR for Spouse of a Settled Person in UK

[vista]

Dear Members,

I need advice about immigration case of my wife.

I was granted ILR recently on 16th October 2017 on 10 year Long Residence Basis.

My wife has been living with me since Aug 2011 as PBS Tier 2 dependant which expires on Mar 2018.

As I have got my ILR and my wife living with me more than 5 years, can she apply for ILR now using SET(M).
If not, then can you please advise what option do we have for her ILR application.

Can seniors of this forum help me understand the situation and guide me.

Regards

[CR001]

As I have got my ILR and my wife living with me more than 5 years, can she apply for ILR now using SET(M).

No she cannot as she does not hold a visa in the category that permits her to use Set(M), i.e. a spouse settlement visa (FLR(M)).

If not, then can you please advise what option do we have for her ILR application.

Her only option is to switch to FLR(M) as you got ILR based on long residence.

[vista]

I see, so how long does she have to remain in spouse visa before she qualifies for ILR.

Any advise will be highly appreciated
Regards

[Casa]

I see, so how long does she have to remain in spouse visa before she qualifies for ILR.

Any advise will be highly appreciated
Regards

5 years (2.5 x 2.5).

However, if she arrived in the UK in 2011, she should qualify for ILR under long residence in 2021 before her second 2.5 year FLR(M) extension has been completed.

[vista]

Ok. Her current PBS tier 2 dependant visa is valid till Mar 2018, can she apply for FLR(M) next year in Feb?
Bear in mind that I have already switched from Tier 2 to ILR.
Your advise is highly appreciated
Regards

[Casa]

She wouldn't be able to travel on her current PBS dependent visa as she could be refused entry on her return. Why delay the FLR(M) application? The visa fees are very likely to increase again early next year.

[vista]

I agree. Having To wait another 5 years is a pain, is there no other route for her to get ILR?
We have 2 children both born here- 3 year old and 1 year old.
My wife arrived in Uk on Aug 2011.
Regards

[Casa]

No other quicker route unfortunately, due to the fact that you were granted ILR under long residence. The earliest your wife will qualify for ILR will be in August 2021 when she completes her 10 years residence in the UK.

[vista]

Thank you for all the advise.