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Hello All,

I need to clarify what are the ukba requirements for dependants applying for ilr?

My scenario is this:

I am eligible for ILR in Sep 2011 in the 10 year long residency rule.

My wife arrived to the UK in August 2010 with her Dependant visa being endorsed in her passport from March 2010.

She has been my Dependant for 9 months in the UK with me.

Now the question is whether she will be eligible to apply for ILR as Dependant with me in September 2011 or does she have to complete 2 years for her to successfully apply for ilr?

What are my options for my wife to apply at the same time as me?

Thanks in advance

outlaw123456 wrote:Hello All,

I need to clarify what are the ukba requirements for dependants applying for ilr?

My scenario is this:

I am eligible for ILR in Sep 2011 in the 10 year long residency rule.

My wife arrived to the UK in August 2010 with her Dependant visa being endorsed in her passport from March 2010.

She has been my Dependant for 9 months in the UK with me.

Now the question is whether she will be eligible to apply for ILR as Dependant with me in September 2011 or does she have to complete 2 years for her to successfully apply for ilr?

What are my options for my wife to apply at the same time as me?

Thanks in advance

AFAIK she needs to complete two years before becoming eligible for ILR.

outlaw123456 wrote:Hello All,

I need to clarify what are the ukba requirements for dependants applying for ilr?

My scenario is this:

I am eligible for ILR in Sep 2011 in the 10 year long residency rule.

My wife arrived to the UK in August 2010 with her Dependant visa being endorsed in her passport from March 2010.

She has been my Dependant for 9 months in the UK with me.


Now the question is whether she will be eligible to apply for ILR as Dependant with me in September 2011 or does she have to complete 2 years for her to successfully apply for ilr?

What are my options for my wife to apply at the same time as me?

Thanks in advance

Please note according to Immigration rules she has to stay here for atleast 2 years before she can apply for settlement. Following is the relevant section of the immigration rule

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

I am eligible for ILR in Sep 2011 in the 10 year long residency rule.

That being the case, it needs to be pointed out to you that as you are making a Long Residence application for ILR, there is no "drag-along" for any dependant. Thus there is no possibility of your wife getting ILR at the same time as you.

Following you getting your ILR, your wife will need to use form FLR(M) yo apply for a 2-year spouse visa, and near the end of that visa she can then apply for her own ILR.

Can my wife apply using form(M) at the time i apply for ILR or after I recive my ILR?

Secondly can a combination of 2 year stay make her eligible to apply for ilr or does she have to complete the FLR(M) requiremnts to apply for ilr?

My wife is also expecting a baby, so can the baby recive uk citzenship if only I have ILR?

Thanks

Can my wife apply using form(M) at the time i apply for ILR or after I recive my ILR?

Either, and the risk is yours! That is, the only problem if both applications are made at the same time is ..... if your ILR application is declined then your wife's FLR(M) is bound to fail as well.

Secondly can a combination of 2 year stay make her eligible to apply for ilr or does she have to complete the FLR(M) requiremnts to apply for ilr?

She needs to use form FLR(M) to apply for a 2-year spouse visa.

My wife is also expecting a baby, so can the baby recive uk citzenship if only I have ILR?

Which do you expect to happen first? The baby's birth or your ILR?

Hi John,

My Ilr is due in September and the baby due in december.

Regd the FLR(M) her 2 year for ILR will be counted only when she recives a FLR(M) what abt her current status?

Regd to apply for ilr, I will apply at the same time as my wife.

My Ilr is due in September and the baby due in december.

Assuming you then have ILR, and the baby is born in the UK, the baby will be British as soon as born. If born outside the UK, when you apply for your Naturalisation, you would need to apply for Registration for your child to be British.

Regd the FLR(M) her 2 year for ILR will be counted only when she recives a FLR(M) what abt her current status?

Regd to apply for ilr, I will apply at the same time as my wife.

So your wife's application for a 2-year spouse visa will be made at the same time as you apply for ILR. Assuming your ILR is granted, your wife's application should be granted at the same time.

What about her current status? Not sure what you are asking.

Hi John,

What I meant was, when will she be eligible for ILR? Will it be after she receives her FLR(M) meaning completing 2 years on FLR(M) or can she combine her current visa status with FLR(M) to succefully gain ILr?

Thanks

Assuming your wife entered UK as a dependant of a Tier 1 (PSW) migrant, she may be eligible for settlement when she completes 2 years in a combination of "PBS dependant + spouse of settled person" (287(a)(i)(d)).

When asking immigration queries, please share the current immigration status of the individual concerned.

Thanks Sushdmehta,

Could you please give me a link which shows the documents required for FLR(M)?

Thanks