ILR for Wife from Tier 1General Dependent

[a.agrawal]

Hi,

I am going for my ILR visa to PEO Croydon next week on 21 Mar 2014, I had been on Tier 1 General for last 5 year.

My wife joined me 1 Yr 10 month back in UK and she is will be eligible for ILR in next 2 months, the reason I am not waiting for her to finish 2 months and then apply together is because we are expecting our 1st baby to arrive any time soon now and I came to know that if I will have ILR at the time of baby's birth then the baby will get British citizenship directly. And I don't want to risk of getting Indian citizenship and then convert it to British citizenship,its might be a big hassle.

Question I have is which form will I be require to fill for my wife when she will apply for her ILR. FLM,SET(M) ???

Is there any if/but's if my wife apply separately for her ILR visa???

Thanks,

[CR001]

Set(O) when she qualifies and meets the standard requirements for ILR

[a.agrawal]

Are you sure...

Check this post...

http://www.immigrationboards.com/indefi ... 46742.html


Also SET(M) says ...

"Application For Indefinite Leave To Remain In The UK as The Partner of a Person Present and Settled in The UK and a Biometric Immigration Document"

[CR001]

To apply for ILR on Set(M), she would need to be on FLR(M).

See Tier 1 section in link below for PBS dependents :

http://www.immigrationboards.com/immigr ... 14832.html

[Amber]

CR001 is correct, SET(O) under PBS dep. B1 English and LIUK required.

[a.agrawal]

thanks CR001 and Amber for clarifying this....

Could you also help me in understanding this puzzle of Tier 1 Dependent => ILR

My wife got her visa in April 2012 as Tier 1 Dependent till 2013, we both went for extension and currently she is on tier 1 dependent visa till 2016. She will be completing her 2 years in April 2014 in UK.

Now I am going for ILR this weekend as I have completed 5 years...

Q1 : Once I get ILR so do I need to change my wife visa to something else, because she will have tier 1 dependent visa and her main applicant is now on ILR.???

Q2 : Will she be require to complete 2 years or 5 years in UK to be eligible for ILR, one of my friend told me that her wife will require to complete 5 years to be eligible for ILR.???

Q3 : Sort of related to Q1, but in SET (O) form shall I write my wife's details in Section 1 "Applicant Details" and leave Section 2 "Dependent Who are Applying" blank. Section 3 should I be ticking Section B "PBS Dependent" ???

Thanks,
Anurag

[CR001]

thanks CR001 and Amber for clarifying this....

Could you also help me in understanding this puzzle of Tier 1 Dependent => ILR

My wife got her visa in April 2012 as Tier 1 Dependent till 2013, we both went for extension and currently she is on tier 1 dependent visa till 2016. She will be completing her 2 years in April 2014 in UK.

Now I am going for ILR this weekend as I have completed 5 years...

Q1 : Once I get ILR so do I need to change my wife visa to something else, because she will have tier 1 dependent visa and her main applicant is now on ILR.??? No, she can stay on PBS dependent visa

Q2 : Will she be require to complete 2 years or 5 years in UK to be eligible for ILR, one of my friend told me that her wife will require to complete 5 years to be eligible for ILR.??? 2 years as she falls under the transitional rules of pre July 2012

Q3 : Sort of related to Q1, but in SET (O) form shall I write my wife's details in Section 1 "Applicant Details" and leave Section 2 "Dependent Who are Applying" blank. Section 3 should I be ticking Section B "PBS Dependent" ??? Correct

Thanks,
Anurag

Would it not make sense to apply for your and your spouse ILR at the same time and use 1 form?? She can apply 28 days before she reaches the 2 year residence requirement.

[a.agrawal]

Thanks Char....

My wife is missing her degree certificate and it will take around 2 months to get it from university in India... and like I mention we are expecting our baby which might come any time now, so I just want to have ILR to cover it...

Thanks,
Anurag