What happens to dependant's visa when main applicant applies for ILR (10 years route)?

[eastwood]

Hi all,

Hope you all are having a great day.

I am about to apply for my ILR next month via long residence (10 years) route, our current visa (main and dependant) expires on Dec 2018. I would be really grateful if someone could help me with a few questions please?

1. I am wondering what would happen to my spouse's current dependant visa status after I started to apply for my ILR please? Would her visa be immediately 'revoked' or could she use the visa to the end of expiry date?

2. If her visa would no longer be valid, when should she starts to apply for spouse visa, with my ILR application or after I was granted the ILR please?

3. Could she still apply for ILR when her 10 years requirements are met, or is the count resets to 0 for 10 years route as well?

4. Could she change or quit her job AFTER she was granted spouse visa so the £18600 requirement would no longer be met please? I only ask because I just passes my PhD viva and is currently making minor corrections (so no job for me as of now), so this is a just in case question.

Thank you all very much in advance.

Regards

[CR001]

our current visa (main and dependant) expires on Dec 2018. I would be really grateful if someone could help me with a few questions please?

Useful to state what the current visa is that you hold

1. I am wondering what would happen to my spouse's current dependant visa status after I started to apply for my ILR please? Would her visa be immediately 'revoked' or could she use the visa to the end of expiry date?

She can likely use the visa till the end, provided she does not have travel plans out of the UK, as that would be risky.

2. If her visa would no longer be valid, when should she starts to apply for spouse visa, with my ILR application or after I was granted the ILR please?

She can apply at any time for FLR(M) spouse visa, if she meets all the requirements, but it must be after your ILR is granted and before her current visa expires.

3. Could she still apply for ILR when her 10 years requirements are met, or is the count resets to 0 for 10 years route as well?

Yes. The clock only resets for ILR based on 5 years residence.

4. Could she change or quit her job AFTER she was granted spouse visa so the £18600 requirement would no longer be met please? I only ask because I just passes my PhD viva and is currently making minor corrections (so no job for me as of now), so this is a just in case question.

She can change her job yes, but if she needs to apply for an extension on FLR(M), she has to meet the same income requirement.

[eastwood]

our current visa (main and dependant) expires on Dec 2018. I would be really grateful if someone could help me with a few questions please?

Useful to state what the current visa is that you hold

1. I am wondering what would happen to my spouse's current dependant visa status after I started to apply for my ILR please? Would her visa be immediately 'revoked' or could she use the visa to the end of expiry date?

She can likely use the visa till the end, provided she does not have travel plans out of the UK, as that would be risky.

2. If her visa would no longer be valid, when should she starts to apply for spouse visa, with my ILR application or after I was granted the ILR please?

She can apply at any time for FLR(M) spouse visa, if she meets all the requirements, but it must be after your ILR is granted and before her current visa expires.

3. Could she still apply for ILR when her 10 years requirements are met, or is the count resets to 0 for 10 years route as well?

Yes. The clock only resets for ILR based on 5 years residence.

4. Could she change or quit her job AFTER she was granted spouse visa so the £18600 requirement would no longer be met please? I only ask because I just passes my PhD viva and is currently making minor corrections (so no job for me as of now), so this is a just in case question.

She can change her job yes, but if she needs to apply for an extension on FLR(M), she has to meet the same income requirement.

Thank you very much CR001. My bad for forgetting to mention that I hold tier 4 student visa doing my PhD and she therefore holds tier 4 dependant visa. Does this change anything from your answer? Thank you again.

[CR001]

No change to my answers. She still needs to switch to FLR(M) and meet the income and English requirements.

[eastwood]

No change to my answers. She still needs to switch to FLR(M) and meet the income and English requirements.

Thank you very much again CR001. She definitely meets all the requirements. I was just worried about what happens to her dependant visa after I got ILR. Thank you for all the clarification.