Visa Extention category after main applicant gets ILR

Hello All

I am on a Tier 1 visa -
Initial Entry Clearance: 20 July 2010 (for 2 years)
Extended upto: 20 July 2015
Eligible for ILR: From 23 June 2015

I got married last year and my wife came to uk on a tier 1 dependent visa (Issued on 16 Jan 2014 & Valid till 20 July 2015).
She is going to apply for her extension AFTER I get my ILR - e.g. I will book 1 day appointment for 23rd June and then she will apply via postal application on say 10th July.

My Queries:
1. Can she apply under 'Family of a Settled Person' via postal application after I get my ILR

2. If she has to apply as a Tier 1 Dependent visa, will she get it for 3 years or untill the time she is eligible for her ILR ( which is 3.5 years)?

3.Can she go to India and apply for Tier 1 dependent (as its cheaper) from India - what is the gap between 2 visas they will consider for her ILR when she is eligible?


Any guidance would be great. Thanks in advance.

1. Can she apply under 'Family of a Settled Person' via postal application after I get my ILR
Yes she can but her ILR clock will get reset.

2. If she has to apply as a Tier 1 Dependent visa, will she get it for 3 years or untill the time she is eligible for her ILR ( which is 3.5 years)?
I believe max 3 years she will get it as Tier1 Dependant

3.Can she go to India and apply for Tier 1 dependent (as its cheaper) from India - what is the gap between 2 visas they will consider for her ILR when she is eligible?
This is questionable as some people in this forum says this will reset their ILR clock as this will be consider as EC, some says it wont, so some experts has to answer for this.


Can someone confirm my understandings.

Am on similar situation as you and confused on whether to go for FLR(M) or Tier1 Dependant.
check my question on another post . http://www.immigrationboards.com/immigr ... l#p1179559

Thanks for your response.

I am thinking of applying as FLR(M) as it is cost effective - saving about 2200£.

I have another option - extend now with Flr(m) and after 2 years apply as Pbs dependent - the ole guidance says that the latest leave in last 5 years should be as a PBS dependant so this way we could save the time already spend and save about 1100£ ... I am not 100% sure about this though. Need some expert opinion.

extend now with Flr(m) and after 2 years apply as Pbs dependent

You cannot do this. Your spouse has to have 5 years residence in either one or the other, not combined categories.

If your spouse switches to FLR(M), initial visa will be for 2.5 years after which an extension will be needed for a further 2.5 years before eligible to apply for ILR. The time already spent on PBS dep will be lost and will NOT count towards this 5 year requirement as your spouse obtained PBS dep visa AFTER 9th July 2012.

If spouse continues on PBS dep, the time already spent will obviously count.

Remember that for whichever route your choose, there is the NHS surcharge your spouse has to pay, £200 per year, payable upfront at point of application for the full duration of the visa extension (roughly £600 per extension)