Eligible for ILR via 10yrs Long stay- what about my wife

[odufal]

Hi every one,
I am eligible for ILR via the 10yr long residence,
I am currently on the old 5yr work permit (expires in September 2012)
My wife has dependant visa on my work permit since approx 3yrs now (same expiry)
If I go ahead and get my ILR now via the 10yrs long residence,
(1) will my wife need to get a dependant visa on ILR, or can she apply for an ILR after I get my ILR?

(2) If she gets a dependant visa, how soon can she apply for ILR as she we have been married since 2008 and she came to the UK on a work permit dependant in April 2009 (approx 3yrs)?

Thanks for your response

[Lucapooka]

1. She can't get ILR with you and must switch into limited leave to remain as your partner under the settlement category.
2. as soon as she is granted her new leave she can apply for ILR but she does need to make the switch as it's not possible for her to apply with you under the long residence category or separately as a PBS dependent.

Why don't you wait and apply for ILR together in Sept?

[Greenie]

1. yes
2. as soon as she is granted her new leave she can apply for ILR but she does need to make the switch as it's not possible for her to apply with you under the long residence category.

Why don't you wait and apply for ILR together in Sept?

If she has leave a work permit dependent, then she can apply for ILR immediately after you have been granted ILR, without having to apply for further leave on form FLR(M) by virtue of para 196A(iii)

[Lucapooka]

Yes, thanks for the correction. I did not spot that he was on old rules WP.

[odufal]

Thanks Guys for the response.

@ Lucapooka -I could have waited till september but I am about to change my present employer in two months.

@ Greenie - The employer is sponsoring my tier2 visa based on my recommendation even though they had advised I apply for the settlement. (1)So I could go ahead and apply for the Settlement via the Long stay route and still get my wife settlement as soon as mine is granted?

(2) As soon as my ILR is granted my wife can apply for settlement. will the form be SET(M)? If so can our two kids be dependant in her application form?

Many thanks

[vinny]

No. After you're granted ILR:

I think she may use SET(O) (196E). Include any children not born in the UK. Register any UK-born children directly.