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You may and she will still be eligible for ILR in July 2011 (8-Jul). But, for you to be eligible for ILR as her dependent, you'll have to change to Tier 1 dependent (from home country) and then spend another 2 years in UK as her dependent / spouse.Ani14 wrote:I was wondering if I get my wife's workpermit converted to Tier 1 instead of her work permit extension.
Not for the main applicant, but for dependent(s).Ani14 wrote:Are there any different settlement rules for people applying for ILR from workpermit to Tier 1?
Yes, you'll have to spend 2 years in UK as her dependent/spouse before becoming eligible for ILR.Ani14 wrote:Would there be any problem for me to convert from HSMP Tier 1 to her Tier 1 dependent and subsequent file for ILR in June 2011?
Ani14 wrote: Thanks for your advice. I have quick questions.
What are the rules if I convert my visa from Tier 1 to workpermit dependent and then if my wife converts her visa from workpermit to Tier 1 will the same settlement rules apply to me. Will I have to wait for 2 yrs before I get my ILR or will I be able to file along with my wife for ILR?
Well, the Tier 1 rules are same .. don't change if you become the Tier 1 applicant (main) or your wife!Ani14 wrote:What are the rules if I convert my visa from Tier 1 to workpermit dependent and then if my wife converts her visa from workpermit to Tier 1 will the same settlement rules apply to me. Will I have to wait for 2 yrs before I get my ILR or will I be able to file along with my wife for ILR?
No, unless the husband/wife has entered UK as a dependent. Married couple on their own leave to enter/remain in their own right (e.g.- both individuals are Tier 1 (General) main migrants or both are Tier 2 (General) migrants) are not each other's dependent from immigration point of view.aosun007 wrote:Your husband or wife is automatically your dependant
Being a spouse is different from having leave to enter/remain as a spouse (or dependent). Unless a spouse has leave to enter / remain in the UK as a spouse / dependent of the main applicant, he/she cannot be included in the ILR application of the main applicant (assuming the dependent qualifies for ILR at the same time). Read immigration rule 194(vi) and 319(c)(h).aosun007 wrote:in this particular case
when your wife is making her application for ILR,she can include you in her application because you are her spouse.they will consider both application together with evidence of relationship and living together for 2 years. and you will be granted
Spouses / partners of immigrants with temporary leave to enter / remain apply for (and are granted) leave to enter / remain as dependents (not a spouse). On the other hand, spouses / partners of persons "settled" in the UK apply for (and are granted) leave to enter / remain as spouse (not a dependent).aosun007 wrote:furthermore
A dependant does not have to have visa as partner or spouse of the some one who has leave to remain/leave to enter.
Dependents of Tier 1 / Tier 2 migrants cannot make an application for leave to remain as Tier 1 or Tier 2 migrants in their own right, because switching is not allowed. Dependents must return to home country to apply for leave to enter (EC) as Tier 1 / Tier 2 migrants.aosun007 wrote:Dependant can qualify in their own right by applying for visa/leave to remain as tier 1 general or tier 2.
The conviction in your post suggested that you're completely certain of whatever you were stating. Your post didn't mention that the basis of your accurate information was an immigration lawyer!aosun007 wrote:I was given all this information by one immigration lawyer last weekend which i believe is incorrect .
The form is not the source of information UKBA uses to ascertain your / your family's immigration history. They use it to consider your application, to check if you're stating the truth about your (and dependents') immigration history and to decide if individuals named in the application qualify (for the leave applied for) in accordance with the immigration rules or not.Ani14 wrote:SET O form does not differntiate as partner and child only the main applicant has to have 5 yrs stay bla bla...dependant's period of stay is not asked.