ILR dependant to settlement application

[ksharmin]

hi,
I have some question
my sister got her ilr dependant visa.her husband is ilr holder.
she came in uk as a student dependant in 2005. then she switch her visa in 2011 as tier 1 general migrant. now she again switch her visa as a ilr dependant. my question is
can she apply for settlement visa now or she have to wait 2 year
pls answer
Thanks

[Damanisshallo]

She can apply anytime now as she's covered by Transitional Provision

[ksharmin]

Thank you so much.
So she don't have to wait another 2 years?as she spent past 6 years as a dependant of her husband and they are continuous living as husband and wife.
but after 6 years she change her visa status as tier 1 general migrant and her husband switch his visa as her dependant and after 1 year he got ilr 10 years category.
does it will effect now her application if she apply for ilr as her husband dependant?
pls reply

[Amber]

When did she switch from a T1 applicant to a PBS dep most recently?

[ksharmin]

Thanks
I will tell the fact
first she enter uk as a student dependant 2005 of her husband.
in end of 2011 she switch her visa from student dependant to tier 1 general migrant? after that her husband change his visa status too from student to tier 1 general dependant. then he got his ilr as 10 years long residency middle in 2013.now she recently change her visa status from tier 1 to ilr dependant.
my question is she qualify now to apply for ilr ?did she meet the requirments or
she have to spend another 2 year as her husband dependant.
PLs advice

[ksharmin]

PLZ reply
waiting for your advice
welcome all to your valuable advice
Thanks

[Amber]

She'll have to wait until 2015 and apply under the long residence SET(LR) provisions assuming she will not have exceeded the absence requirements as she changed to a PBS dep after July 2012 and thus has a 5 year route to settlement under the new spouse/partner scheme. If she requires further leave to remain she'll have to apply for FLR(M) which has a Financial requirement and English requirement.

[ksharmin]

Hi Thanks,
just need to clarify
she is now ilr dependant. not PBS dependant.She already applied FLRM requirments and got ILR spouse visa for 30 months.
she was PBS dependant for 2005 to 2011.
from 2012 to [OCTOBER]2013 she was independent category which was TIER 1 GENERAL.
FROM November 2013 to current her visa status is ILR SPOUSE
which will expire june 2016
hope u understand

[Amber]

Same as I stated previously, she must wait until 2015 and apply under Long Residence - SET(LR) I'm afraid, as she does not have transitional protection.