green599 wrote:Thanks Casa,
I was granted ILR under 10 years long residency route, my wife doesn't work as she was on tier 4 dependant visa. As you know she was not allowed to work under this visa category. She moved to UK with me on Nov 2016.
Cheers
The Immigration Rules were amended in 2014. See page 9.
https://www.gov.uk/government/uploads/s ... ts-v12.pdf
If you were permitted to work 20 hours per week, your dependant would also have been entitled to take employment.
your family members will be able to work if you are :
"
a government-sponsored student taking a course that is over six months long, or
taking a postgraduate course that is at least 12 months long and you are studying at an institution that meets the UK Border Agency's definition of a higher education institution."
However, water under the bridge now. If you don't need the minimum income level (either you alone or jointly) a FLR(M) application will be refused. Unless your wife qualifies in her own right under a PBS category, you will have to apply for FLR(FP) Partner route, which if approved will be a new 10 year path to settlement (ILR).
There's no guarantee this will succeed unless you can show compelling reasons why you are unable to settle together outside of the UK. Do you have children living with you?