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Hi,

I will be applying for ILR under 10 year rule this month. My wife is a BPS dependant having her leave until December 2013. She will be completing her 10 years in the UK in July next year.

Is it possible for her to apply for ILR next year or does she REALLY HAVE to change her visa category once my ILR is granted, and then make a ILR application which will cost her paying UKBA twice?

If she is not travelling and has sufficient leave until she's eligible under long residence, then I believe that she may wait.

I would suggest e-mailing UKBA and getting their response on record. Technically, as per the rule, PBS dependants must cchange to FLR(M) once the main applicant gets ILR.

As July 2013 is another 12 months, UKBA may say that this is too long for the dependant to stay on the incorrect vsia type. Or as Vinny states, it may be ok.