Category switch from Tier1(Main Applicant) to ILR Dependant

[eclairs]

Hello,

I have been searching through various forums on this topic, but didn't find any direct answer. Hope some of the senior members here can give me their valuable suggestions. Thanks.

My wife is on her own Tier1 general visa, and has been living in the UK for the past 4 years. I'm getting my ILR done in the next 3-4 months and wondering if I can make her as ILR dependant on my visa.. and apply for naturalisation later.

Is it possible to switch from Tier1 General(main applicant) to ILR dependant at all? If yes, will there be any issue in getting her naturalization done later?

Please advise.

Thanks

[CR001]

Is it possible to switch from Tier1 General(main applicant) to ILR dependant at all?

Yes, but it will reset her qualifying time for ILR to zero and she will have to complete a new 5 year period on FLR(M) - Spouse visa/ILR Dependent. It will be quicker if she remains on her Tier 1.

If yes, will there be any issue in getting her naturalization done later?

She will only be able to apply for naturalisation once she has ILR after the new 5 years residence (if she switches to FLR(M). Even so, if she stays on her current visa, once she gets ILR and you are already British, then she could apply for naturalisation immediately as spouse of British Citizen.

If you are actually asking if she can apply for ILR with you, then no, she can't.

[eclairs]

Thanks very much for your detailed reply.

The reason why I am exploring this option is because my wife is falling short of a week(on top of the 28 days grace period) to qualify for her ILR. I've asked the question on this forum, but got mixed responses.

Someone said that she defo needs another exgtension, but others said that it is OK if I go with postal application with cheque payment. Do you think this approach would work?

I am a bit confused and concerned because the Tier1 extensions are going to be stopped this April.

Regards

[CR001]

When does her visa expire?

Why can she not extend her Tier visa before the cut off in April 2015?

[eclairs]

Her visa expires in November this year. She could apply for an extension before 6th April, but I am trying to avoid an extension to save some money if the postal application route is safe to cover the 1 week shortfall.

[CR001]

When does she meet the 5 years residence on her visa? What was the start date of her visa and when did she arrive in the UK?

[Krish19]

Guys,
I just called UKBA and they clearly said they are only closing extensions for main applications from 6th apr 2015. Dependets can still extend under tier 1 general after 6th april .2015

Thanks,
Krish.

[CR001]

Guys,
I just called UKBA and they clearly said they are only closing extensions for main applications from 6th apr 2015. Dependets can still extend under tier 1 general after 6th april .2015

Thanks,
Krish.

Not relevant to this post. OP is asking about his wife who has her own Tier 1.

[eclairs]

When does she meet the 5 years residence on her visa? What was the start date of her visa and when did she arrive in the UK?

Hi, Her visa is expiring in October this year(not November like I said in my previous reply). Please see the dates below.

1st visa granted on 01-Dec-2010
Entered UK on 27-Dec-2010
1st extension granted on 26-Oct-2012
Current visa expires on 25-Oct-2015

As per my calculation the shortfall is 9 days....

[navodwickra]

When does she meet the 5 years residence on her visa? What was the start date of her visa and when did she arrive in the UK?

Hi, Her visa is expiring in October this year(not November like I said in my previous reply). Please see the dates below.

1st visa granted on 01-Dec-2010
Entered UK on 27-Dec-2010
1st extension granted on 26-Oct-2012
Current visa expires on 25-Oct-2015

As per my calculation the shortfall is 9 days....

Any reason for the early extension? anyway I would not take the chance. Better to apply for an extension now.

[eclairs]

Early extension(9 days earlier than the last 28 days limit) was due to some family reasons, and unfortunately we got the extension from the application date, which resulted in 9 days shortfall for ILR eligibility.

Anyone here had been in similar situation with a very small shortfall for ILR and managed to get it without going for another extension? Please advise.

Thanks in advance.