T1 dependents visa after main applicant got ILR

[Kerim90]

Dear all,

Hope you guys are doing well.

I was with Tier 1 extension visa and just got my 10 years ILR.
I have dependent (wife) who holds tier1 dependent visa since march 2013 and she has until september 2019.

Do we have to switch her visa to ILR dependent visa or is it fine if she remain same tier 1 dependent visa and apply for the ILR once she has her 5 years.

Thanks

[CR001]

Unfortunately, she cannot apply for ILR as a Tier 1 Dependent visa holders because you applied for ILR on the 10 years long residence route.

She should switch to FLR(M) which will reset her clock for ILR to zero and a new 5 year route to ILR (2 x 2.5 year visas). You need to meet the financial requirement of £18,600pa (assuming you have no children, otherwise it is more) and she needs English A1 test.

The rules changed in Aprill 2014.

See dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

If you had applied for ILR based on Tier 1 Ent, then she would have qualified to apply for ILR in March this year too.

[Kerim90]

Unfortunately, she cannot apply for ILR as a Tier 1 Dependent visa holders because you applied for ILR on the 10 years long residence route.

She should switch to FLR(M) which will reset her clock for ILR to zero and a new 5 year route to ILR (2 x 2.5 year visas). You need to meet the financial requirement of £18,600pa (assuming you have no children, otherwise it is more) and she needs English A1 test.

The rules changed in Aprill 2014.

See dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

If you had applied for ILR based on Tier 1 Ent, then she would have qualified to apply for ILR in March this year too.

Thank you for your respond.
May I kindly ask you one questions?

We have a uk born child and which we applied for a citizenship naturalization.
She is a full time employee and her salary is just above 19k and my salary is 8k (for tax reason as have my own company).

Can we combine our salary or it has to be my income?

Thanks

[CR001]

She can use only her income.