ILR : Dependants status

[etteba]

Hello, I got my ILR a month ago after having been on the Tier 4 students visa. The problem I have now is that

• 1. I don't know what status my wife is now as she was my dependant before my ILR came through.

• 2. Since I am a student and not working and my wife is self employed but her earnings in the last financial year was not up to 18600 thus we cannot apply for the spouse visa. I will like to know what options are available for me in terms of routes for application for her to remain here with me?

• 3. Can I apply using form FLR(FP) partner 10 year route?

• 4. If she eventually applies using the FLR(FP) partner 10 year route, since she has been here for 6 years now, will the 6 years she has already spent here count when she eventually reaches 10 years in 2020 or will her clock reset to start counting 10 years?

• 5. Can she switch later from the FLR(FP) 10 year partner route to the spouse 5 year route?

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Thanks a lot.

[secret.simon]

I got my ILR a month ago after having been on the Tier 4 students visa.

Did you get your ILR based on LR?

4. If she eventually applies using the FLR(FP) partner 10 year route, since she has been here for 6 years now, will the 6 years she has already spent here count when she eventually reaches 10 years in 2020 or will her clock reset to start counting 10 years?

YEs, FLR(FP) does not have any ILR path of its own. It only adds up to ILR(LR). So, a continuous legal stay in the UK of 10 years, under any combinations of visa is required.

5. Can she switch later from the FLR(FP) 10 year partner route to the spouse 5 year route?

It is possible, but SET(M) requires five years of residence under FLR(M) only. It would not take into account time spent on earlier visas.