Switching from Teir 1 (G) to Marriage visa (in country)

[wirapundi]

Hello

I am in the UK, and, my current Tier 1 General visa expires in about 3 months, and I plan to switch to a Partner Dependent visa (as my wife has recently become a British citizen, settling after 5 years Tier 1 + 1 year ILR).

My query is under which route (if any) is it possible to switch?

It seems quite clear from the guidance that as my 'partner originally had a temporary visa as a worker', I would need to apply as a dependent under Tier 1. However.... Simultaneously I read that because I haven't previously applied as her dependant, then 319C(b) fails and any application I made under that route would be rejected.

Given these two points, I fear I'm not eligible as her partner? But surely not. If anyone had any input, I would really appreciate it.

Regards,

Shane

[CR001]

If you have not been a dependant on your wifes PBS visa before, you can switch to Flr(M) spouse visa.

How long have you been on T1G?

Switching to spouse of BC will reset you ILR clock to zero and you will need to wait a further 5 years for ILR.

You will also have to pay the new NHS surcharge upfront for the duration of the spouse visa. There is financial requirement for spouse visa too.

[wirapundi]

I have been on Tier 1 General for nearly 5 years. I'm aware that means I'm eligible for ILR in my own right... however I don't meet the points requirement due to lack of earnings. Although I would meet the financial requirement for spouse visa. Its close for my ILR... but not quite enough.

Either way, we are needing to leave the UK later this year... ILR really isn't that valuable to me.

I believe I'm NHS surcharge isn't applicable to me because I'm Australian. Or at least that's what the online questionnaire result is.

Thank you

Shane

[CR001]

Correct about NHS surcharge. I was advising in general terms in the absence of your nationality.

You can switch to spouse visa, should not be an issue.