Tier 1 married to ILR/ BC process - please help

[mouche202]

Current situtation:
Husband: In UK for 4 years 9 months - entered on Work Permit. Has changed employers many times, each time applying for a new work permit and receiving. Last change in January was to Tier 2. Not eligible for Tier 1.

Me: In UK for 3 years 7 months on Tier 2 dependant (have gone through most of the visa changes with my husband). Eligible for Tier 1.

Problem: Husband may lose his job in the next few weeks - just 2 months before ILR can be applied. He is trying for a different job but need to know options in case he is unsuccessful.

Questions:
1) If I go back to India and apply for Tier 1, how long will it take to be processed?
2) If I get Tier 1 and come back and in the meantime, he has managed to find a new job and got his Tier 2 changed, can we both apply for PR at the same time? (I know answer is probably no)
3) If he applies for PR on his own, can I then become a PR dependant? Do I have to leave the country for this?
4) Are there any risks/ complications in doing this - i.e. me switching to Tier 1 and him continuing on Tier 2 (either with same or different employer)?
5) If he cannot get another job, does he have to leave the country to apply as Tier 1 dependant?
6) Can anyone advise the best option in this situation? Would really appreciate some advice from experienced people.

[geriatrix]

1) If I go back to India and apply for Tier 1, how long will it take to be processed?

See Processing times.

The follwoing responses are based on the assumption that you re-enter UK as a Tier 1 migrant.

2) If I get Tier 1 and come back and in the meantime, he has managed to find a new job and got his Tier 2 changed, can we both apply for PR at the same time? (I know answer is probably no)

No, because you will then be in UK as a Tier 1 migrant, not as your spouse's dependent.

3) If he applies for PR on his own, can I then become a PR dependant? Do I have to leave the country for this?

You will need to apply for EC as a dependent of a settled person but since you will then be in UK as a Tier 1 migrant (and not as your spouse's dependent) you'll need to return to India to apply for EC.

4) Are there any risks/ complications in doing this - i.e. me switching to Tier 1 and him continuing on Tier 2 (either with same or different employer)?

As outlined above.

5) If he cannot get another job, does he have to leave the country to apply as Tier 1 dependant?

Yes.

6) Can anyone advise the best option in this situation? Would really appreciate some advice from experienced people.

Best options are dependent on personal objectives, personal circumstances and personal opinions. Inappropriate for a third person to recommend (IMHO).

regards

[mouche202]

Thank you - I kind of suspected that but was hoping against hope.

[mouche202]

If I reenter UK as Tier 1 holder and in the meantime, my husband manages to find a new sponsor and eventually manages to get PR, what are our options?

Suppose my husband gets PR and I remain on Tier 1 - which I guess will be valid till May 2012. He can then apply for naturalisation in July 2011. Can I then apply to stay in the UK as his wife? Or do I need to go back to India?

As per my understanding, I can stay for 2 years as his wife. After that I will have had 3 years residence in UK as Tier 2 dependant, 1 year as Tier 1 and 2 years as BC dependant. Will I then be eligible to naturalise?