ILR under 10 year rule, but what about my husband?

[v-anita]

Dear forum Members,

I am eligible to apply for ILR under 10 year category in April 2012. My husband is dependent of mine and holds Tier 1 Gen Dependant visa expiring in April 2013. If I apply for ILR based on 10 year rule, what would happen to my husband then?

He has been in the UK for 9 years and would qualify for ILR under the same category in August 2013 in his own right. But is there any chance for him to settle any earlier than that?

Someone told me that as soon as I get my ILR, he would have to switch into FLR (M) category and remain in the UK as my spouse for 2 years or apply for ILR under the 10 year rule in his own right. Is this correct?

Also, what would be the time limit for him to switch into FLR (M) category? I am planning to submit my application in the beginning of April, but he is planning to travel abroad in June due to him having a valid leave as dependant of Tier 1 Gen until April 2013. But if in the meantime if I am granted the ILR, could my husband be refused an entry into the UK due to me no longer being a holder of Tier 1 Gen visa?

Many thanks for all your replies.

[vinaya]

Once you get your ILR, your husband should apply for FLR (M). He will not get ILR before FLR(M). If he does not apply for FLR M his current leave may be curtailed.

Also I think that he can apply for ILR straightaway after FLR (M) as long as he has spent 2 years as your dependant.

See the below post, it might give you more information.

http://www.immigrationboards.com/viewto ... highlight=

[v-anita]

Thanks Vinaya,

But what abot traveling abroad if main applicant's status changes? Could my husband be refused an entry if I change my status prior to his return back to the UK?

Thanks for all replies.

[vinaya]

You need to apply for FLR M before travel. Please see Vinny's comments on the post attached earlier.