ILR for Spouse - peculiar case

[cooltt_18]

Hi all - appreciate if you can help with my wife's peculiar case

My wife came to UK in March 2011 but had her own Tier 1 General visa then (valid until March 2013)
In Feb 2013, we switched her status to Tier 1 (Dependent)

Now, I am eligible for ILR in June 2015 (since I came to UK in July 2010) - but what is my wife's eligibility status?

1) Is she eligible when I apply for ILR in June 2015 (since it will be over 4 yrs she's been my wife and lived with me in UK)?

2) Will she be eligible in Feb 2018 (5 year route)?

3) If she's eligible in Feb 2018 - what are her in-country visa options? (her Tier 1 dependent visa is valid until Oct 2015)

Thanks

[haiksuresh]

Hi all - appreciate if you can help with my wife's peculiar case

My wife came to UK in March 2011 but had her own Tier 1 General visa then (valid until March 2013)
In Feb 2013, we switched her status to Tier 1 (Dependent)

Now, I am eligible for ILR in June 2015 (since I came to UK in July 2010) - but what is my wife's eligibility status?

1) Is she eligible when I apply for ILR in June 2015 (since it will be over 4 yrs she's been my wife and lived with me in UK)?
As she changed her status after 9th July 2012, Her eligibility will starts again from Feb 2013. So she need to wait 5 more years.

2) Will she be eligible in Feb 2018 (5 year route)?
Yes.

3) If she's eligible in Feb 2018 - what are her in-country visa options? (her Tier 1 dependent visa is valid until Oct 2015)
She can extend her current tier 1 dependent visa until she was eligible for ILR.

Thanks

[cooltt_18]

Thanks Suresh

When she applies for ILR in 2018, I'll probably be a British citizen - would that change anything?
i.e. would she be able to directly for Citizenship?
or she would need to apply for ILR, wait a year and then apply for citizenship?

Thanks again

[cooltt_18]

Also, I read that Tier 1 extentions are being closed from April 2015

What are our options if she can't apply for a Tier1 Dependent extention in time?

Thanks

[Chase53]

Tier1G extensions are closing but not Tier1G dependents.

And at the time of her ILR, she would apply for ILR and then immediately for citizenship without waiting for 1 year (provided if you hold the citizenship as well).

Btw, when you two are married and started living together?

[cooltt_18]

Tier1G extensions are closing but not Tier1G dependents.

And at the time of her ILR, she would apply for ILR and then immediately for citizenship without waiting for 1 year (provided if you hold the citizenship as well).

Btw, when you two are married and started living together?

Thanks - we got married and started to live together in the UK since March 2011

[cooltt_18]

Is there absolutely no possibility that she can apply for ILR along with me? *sigh*

can't get rid of the paperwork ..

[Chase53]

As you are married and your wife entered uk before the new rules came into existence in 2012, you should both be able to apply for ILR .

[CR001]

As you are married and your wife entered uk before the new rules came into existence in 2012, you should both be able to apply for ILR .

This is not correct information. The wife was on her own Tier 1 visa as a main applicant not as a dependent. Her qualifying period starts when she switched to Tier 1 Dependent in 2013.

[cooltt_18]

As you are married and your wife entered uk before the new rules came into existence in 2012, you should both be able to apply for ILR .

Thanks Chase!

I wish this is the case - as it just seems correct.
I'll be contacting UKBA and also speak to a Solicitor to make absolutely sure.

I'll update this post once I have more updates for everyone's benefit

Thanks!

[cooltt_18]

As you are married and your wife entered uk before the new rules came into existence in 2012, you should both be able to apply for ILR .

This is not correct information. The wife was on her own Tier 1 visa as a main applicant not as a dependent. Her qualifying period starts when she switched to Tier 1 Dependent in 2013.

Thanks Char - In hindsight, I don't think it was a very smart move to change her status to Tier 1 dependent

[CR001]

Please see the relevant section in the link below :

http://www.immigrationboards.com/immigr ... 05679.html

In particular point 8.

No it was not, she would have been better off switching much earlier or staying on Tier 1.

[Chase53]

As you are married and your wife entered uk before the new rules came into existence in 2012, you should both be able to apply for ILR .

This is not correct information. The wife was on her own Tier 1 visa as a main applicant not as a dependent. Her qualifying period starts when she switched to Tier 1 Dependent in 2013.

Oh ok, apologies! And thanks for correcting me sooner.

[cooltt_18]

Please see the relevant section in the link below :

http://www.immigrationboards.com/immigr ... 05679.html

In particular point 8.

No it was not, she would have been better off switching much earlier or staying on Tier 1.

Agree - Thanks again - Going by the wordings it doesn't seem she'd be eligible to apply but surely it's nonsensical given the fact that we've been married and been living together since Mar 2011 .. guess I can rant all I want

What are her options once I've recieved ILR? Tier 1 extensions are being closed off post 6th April 2015 - would she have to apply for any ILR dependent category?

[CR001]

Tier 1 extensions are being closed off post 6th April 2015

For main applicants only, NOT for Tier 1 Dep. She can continue to extend until she meets the 5 years residency criteria.

Changing to FLR(M) or ILR dependent, will reset her ILR clock again and she will have to start from zero and wait another 5 years.

Tier 1 dep extension is the best option for her. It is highly likely that when she applies for an extension, it will cover her for the period till ILR qualification.

[cooltt_18]

But I would've applied and received ILR so how will she be able to extend her Tier 1 dependent when the main applicant himself doesn't hold a Tier 1 visa anymore?

I think this is going to be hit financially too

Thanks

[CR001]

There are provisions in place for Tier 1 dependents to continue extending to meet the 5 year requirement. She should extend once you get ILR and you can make both applications with two appointments for the PEO on the day service. When does her visa expire?

[cooltt_18]

Her visa ends Oct 2015

[Yasin28]

Hi can anyone help me I have sent my ilr set m application but I have one 22 months old traffic offense code in10 will this affect my application? Plz urgent