ILR for Wife long residency

[zeeshanzaheer]

Hi All

My friend is applying for ILR in May 2014 on the basis of 10 years long legal residency.His current status is Tier 1 (General) .He has 2 children aged 6 and 8 and wife as dependant.
His wife came in the UK in 2007 as Student dependant and still living with husband as PBS dependant.she has already spent almost 7 years as dependant.

He is very confused .Somebody told him that he has to apply for spouse visa using FLR-M and after 5 years she will be eligible for ILR.
someone told him that she can apply along with him as she already spent 6 years.

any advise from senior member please????

[ScopeD]

Hi All

My friend is applying for ILR in May 2014 on the basis of 10 years long legal residency.His current status is Tier 1 (General) .He has 2 children aged 6 and 8 and wife as dependant.
His wife came in the UK in 2007 as Student dependant and still living with husband as PBS dependant.she has already spent almost 7 years as dependant.

He is very confused .Somebody told him that he has to apply for spouse visa using FLR-M and after 5 years she will be eligible for ILR.
someone told him that she can apply along with him as she already spent 6 years.

any advise from senior member please????

Which form is your friend going to use for his ILR application? From what you said, I can only assume that although your friend is currently in the Tier 1 category, he has not spent five years in Tier 1, but wishes to combine the time he spent in Tier 1 with time spent in other categories to make up ten years - in which case he will be required to use form FLR(LR). If that is the case, his wife will have to apply separately and will be required to use form FLR(M). However, if your friend has spent five years in the Tier 1 category, then he can use form SET(O) and can include his wife in the application. Hope this helps.

[zeeshanzaheer]

Thanks for your reply.
we knew he has to use SET(LR) for his 10 years long residency.
my question is ....will his wife be eligible for ILR as she has already spent 7 years in the UK under dependant route.???

[vinny]

Normally, not directly.