Tier 2 dependant applying under 10-year long residence

[andyli953]

Hi, I have a question regarding 10-year long residence settlement application.

I came to the UK in 2008 and in about two months' time I will be eligible to settle under 10-year long residence route. However, my wife came to the UK 3 months late than me so she will have to wait about 5 months to apply under 10-year long residence route. At the moment, I'm on PBS Tier 2 work visa and she is PBS Tier 2 dependant. My question is after I get my indefinite leave to remain in 2 months under 10-year long residence route, does she have to apply for dependent of a settled person immediately? Or she can simply wait another 3 months and apply under 10-year long residence route? After I get my indefinite leave to remain and before she apply under 10-year long residence, during this 3 months, is her stay in the UK legal? What is the best practice for our case? Any suggestions will be very appreciated.

Many thanks in advance!
Andy

[CR001]

she can simply wait another 3 months and apply under 10-year long residence route

This one, provided she has no travel plans outside the UK.

[andyli953]

Hi CR001,

Many thanks for your timely reply! Very appreciated.

[andyli953]

Hi CR001,

Regarding this topic, which official document may contain this information?

Many thanks!

[CR001]

There isn't any. She merely has to prove she has 10 years legal status.

Technically she should switch to FLR(M), but as she is so close to ILR LR, there is no need and her current visa doesn't become 'invalid' as long as it does not expire.

Many members have done this with no issues.

[andyli953]

Hi CR001,

I see, thank you for confirming!

[CR001]

Caseworker guidance/instructions in the link below.

https://assets.publishing.service.gov.u ... -v15_0.pdf

[andyli953]

Hi CR001,

Many thanks! I will try to go through it quickly.

[CR001]

Feel free to ask any further questions you might have.

[andyli953]

Will do, thank you!