Clarification on what Visa to apply

[rtripura]

Hello,

I am trying to find out what exact visa I need to apply for my wife to stay in UK. My situation is as below.

I am currently on a Tier 1 (General), which will expire in March and at the same time my wife is on Tier 1 (General) - Partner visa which expires same day as mine.

I will be renewing my visa to ILR which is fine but my wife is still not eligible for ILR as she is in UK for less than 2 Years.

What visa do I need to apply for my wife for continuing to stay until she is eligible for ILR?
Could someone please help me out.

Many Thanks,
Raghava

[CR001]

When was her visa issued and when did she arrive in the UK?

[rtripura]

Tier 1 (General) - Partner, was the visa issued and she came to UK in June 2012

[CR001]

You can apply for a Tier 1 dependent extension and then apply for ILR once she meets the two year requirement

Have a look at the link below for Dependents, scroll down to T1 section :

http://www.immigrationboards.com/immigr ... 14832.html

[rtripura]

What about FLR (M) ? I was thinking this is what I need to apply for.

[CR001]

No, although you can but PBS extension is easier. Read below extract from the link I provided :

b) If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but extending PBS dependant leave is simpler (e.g. - only maintenance funds to be shown, no English language requirement).
Note:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will always be subject to rules in place before 09-Jul-12. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant" and need to be "continuous". *** Probably unchanged? *** These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) any time during the 2 years period to become eligible for settlement.

FLR(M) switch is required if applying for ILR based on 10 years long residency.

[Amber]

CR001 is correct. A PBS Dep extension (click) may be made, you may also switch to FLR(M). However, for ease and clarity it's perhaps wise to stick to PBS dep extension and apply for SET(O) when your partner qualifies.

[rtripura]

Thanks CR001,Amber, It was really helpful. Was checking PBS dependent application for my wife and was not sure as to what fee would be applicable when applying through PEO. will it be £1920 or £1534.
Since i will be applying for SET (O), guess it is valid for 10 years, so on that basis my wife can apply for FLR (M), provided if i have all the required documents(KOLL) in hand.

thanks
Raghava

[Amber]

Just A1 English for FLR(M). Your ILR is not valid for 10 years, it's the card that is valid for 10 years, ILR is valid until such times as you die, gain citizenship or it is lost/revoked.

If you chose FLR(M), you'll then be looking to apply for your spouse's SET(M) once she has spent two years as your spouse under 287(a)(i)(d) ~ June 2014.

[CR001]

I agree with Amber.

I still believe you will be better off, and easier, extending PBS dependent visa and then Set(O) for ILR when she has completed 2 years stay, than applying for FLR(M).