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Dear all,

I would appreciate if you could help me out with this query.

I am currently on HSMP and am eligible to apply for ILR now under HSMP Judicial review. My wife joined me under HSMP dependant visa last year ( now she has been with me for just over a year ). Her current leave to remain is valid till next march i.e, 2011. My question is:

Will I be able to apply for ILR on my own ( given my wife has still not completed 2 years AND in the last 12 months, she has been outside UK for more than 5 months) and if I am granted, will her current leave be still valid until her date of visa expiry which is next march -2011.? or will her visa needs to get changed when I switch over to ILR?

Although, there have been similar topics on this forum, there are conflicting answers for the same. Any good answers..

Thanks
Sandy

If you are under HSMP JR, your spouse follows your status, so you should apply with her as your dependent and she would get ILR at the same time. The 2 yr rule doesnt apply here.
Take a copy of the HSMP JR with you.
Best wishes