Tier 1 Dependent to the Spouse of British Citizen

[hammad.77]

I received my ILR last year in July after spending 5 years on Tier-1 general. I am now applying for naturalisation this month.

I have a question regarding my wife status. My wife received her tier-1 dependent in August 2012 after July 2012 rules and joined me in UK in January 2013. She is at the moment on Tier-1 dependent valid until July 2017. My understanding is that she has to go for another tier-1 extension to complete her 5 years with me in UK to be eligible for ILR i.e. January 2018 and then after 1 year on ILR in January 2019, she can apply for naturalisation.

My question is that any of above regarding my dependent is going to change once I receive my British citizenship?

[CR001]

My question is that any of above regarding my dependent is going to change once I receive my British citizenship?

No, she can remain as Tier 1 dep until she qualifies to apply for ILR. Once she gets ILR, she can apply for citizenship immediately as you will be a citizen by then and she will only need to prove 3 years residence and will not need to wait 12 months on ILR.

[hammad.77]

Thank you very much for your reply.

I have got two more questions:

1. When my wife is going to apply for Tier-1 extension to complete her 5 years, does she have to pay NHS surcharge?
2. Secondly, if we leave this country before getting her ILR then if we decide to come back then do we have to apply for her entry clearance again and start whole thing again?

[CR001]

1. Yes, she will have to pay the surcharge.

2. It depends on how long you leave for and if her visa expires but yes, likely you will have to start the process again and start again from scratch.