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Hi All,

Could not find answer to this query anywhere, please help if you have the answer. I will be eligible for ILR in June 2011 after completing 5 years stay in UK. I am on Tier 1 general visa and my wife is on Tier 1 dependant visa. She joined me in UK 2 months back (Dec 2010), my query is can I add her name on my application for Set O for ILR with me? If not what visa she needs to apply for and what will be her immigration status when my ILR application is under consideration?

Any advise will be appreciated.

If she hasn't spent at least two years with you in the UK, then she may switch to FLR(M). English test required.

While under consideration, her current leave will continue under section 3C.

As you say you are applying in Jun 2011, so i suppose you got your HSMP in Jun 2006, as per rules for Pre nov 2006 the depenadant follow main applicants, so i think you have a chance of adding her in SET(O) form.

If you search the forum you can find some success and also some failure stories on this topic.

I about to apply in May 2011, My dependant been here less than 2 years spoke to solicitor and she got some success stories on this matter so i hoping the same with me.

salina02 wrote:As you say you are applying in Jun 2011, so i suppose you got your HSMP in Jun 2006, as per rules for Pre nov 2006 the depenadant follow main applicants, so i think you have a chance of adding her in SET(O) form.

If you search the forum you can find some success and also some failure stories on this topic.

I about to apply in May 2011, My dependant been here less than 2 years spoke to solicitor and she got some success stories on this matter so i hoping the same with me.

Thanks Salina. I do not fall under HSMP pre Nov 2006 category as I was on work permit for 1st two years. From the information i got untill now i have to apply for separate spouse visa when i get my ILR (anyone please correct me if that's wrong) and if that's the case my query is what will be my wif'e immigration status when my Tier1 expires as well as hers and my ILR is still under processing? Is it legal for her to wait without applying for extension untill my ILR is stamped?

ilrjune wrote:Thanks Salina. I do not fall under HSMP pre Nov 2006 category as I was on work permit for 1st two years. From the information i got untill now i have to apply for separate spouse visa when i get my ILR (anyone please correct me if that's wrong) and if that's the case my query is what will be my wif'e immigration status when my Tier1 expires as well as hers and my ILR is still under processing? Is it legal for her to wait without applying for extension untill my ILR is stamped?

No. Your wife should make the FLR(M) application before her leave expires, possibly at the same time as your ILR application, similar to long residence dependants.

vinny wrote:If she hasn't spent at least two years with you in the UK, then she may switch to FLR(M). English test required.

While under consideration, her current leave will continue under section 3C.

Thanks Vinny.