ILR residential requirement for Tier 1 dependent

[eager2learn]

I will be applying for ILR next year(combination of WP and tier1) and my wife together. So I guess I will be applying using set O.

My wife is currently on her own tier 2 status. She came here as my spouse in 2007 but then switched into work permit and then tier 2 as her company wanted her in that status. However we lived toether all along and have documents to prove it. Now I think just before my application, she has to go to back to the native country , changed her status into my spouse and then come back.

But I am a bit confused, does my wife have to be on spouse status for last 2 years to be eligible?

[alikhan28]

My wife is currently on her own tier 2 status. She came here as my spouse in 2007 but then switched into work permit and then tier 2 as her company wanted her in that status. However we lived toether all along and have documents to prove it.
Now I think just before my application, she has to go to back to the native country , changed her status into my spouse and then come back.

But I am a bit confused, does my wife have to be on spouse status for last 2 years to be eligible?

I am not sure on one thing.Can she switch from current Tier2 visa to spouse visa? My guess is No.(Please check that)

She can remain on her current visa in Uk but to get get ILR in quick think she has to switch to spouse visa and after 2 years on spouse visa she can apply for ILR.

I have second thats.As she is current o tier2 visa and how long on this visa she can apply ILR?Keep in mind this factor as well.

Ali

[hsmp1412]

My wife is currently on her own tier 2 status. She came here as my spouse in 2007 but then switched into work permit and then tier 2 as her company wanted her in that status. However we lived toether all along and have documents to prove it. Now I think just before my application, she has to go to back to the native country , changed her status into my spouse and then come back.

But I am a bit confused, does my wife have to be on spouse status for last 2 years to be eligible?

I think your wife will have to be in UK as your dependant for 2 yrs before she can apply for ILR, or she can continue on her independent visa and file ILR when she completes 5 yrs.

[alikhan28]

I think your wife will have to be in UK as your dependent for 2 yrs before she can apply for ILR, or she can continue on her independent visa and file ILR when she completes 5 yrs.

Dependent on what visa? Can she switch?

First he should clear on can she switch from tier visa to spouse visa.

As she has already completed 2 years so would it not be worth to remain on same visa and apply for ILR after 5 years.


Ali

[eager2learn]

I think your wife will have to be in UK as your dependent for 2 yrs before she can apply for ILR, or she can continue on her independent visa and file ILR when she completes 5 yrs.

Dependent on what visa? Can she switch?

First he should clear on can she switch from tier visa to spouse visa.

As she has already completed 2 years so would it not be worth to remain on same visa and apply for ILR after 5 years.


Ali

Hi Guys,
thanks for your responses, last time I checked, one can switch from tier 2 into spouse and viceversa, but he/she has to go back to native country to get it. you cant switch in country for this.

I checked for spouse ILR requirement ( 2 years resident as in spouse status) but that seems to be when someone is applying as a spouse of an existing citizen or ILR holder.(SET M)

But in my case , me(as main applicant) and my spouse will be applying together for ILR (SET O) and there doesnt seem to a clearly defined criteria for spouse for that. She is here in tier 2 status for more than 2 years.

[geriatrix]

eager2learn. switching means changing immigration category from within the UK.So when you say you know she can switch but will need to return to home country for that - it makes no sense!

PBS migrants cannot switch to dependent status and therefore must return to home country to apply for EC as dependents.


regards

[eager2learn]

eager2learn. switching means changing immigration category from within the UK.So when you say you know she can switch but will need to return to home country for that - it makes no sense!

PBS migrants cannot switch to dependent status and therefore must return to home country to apply for EC as dependents.


regards

it doesnt matter whether it is called "switch" or not. My wife went to native country when converting from spouse to wp status in 2007.

My question, what is the requirement for spouse when applying with the main applicant as tier 1 visa holder? Does she have to in spouse status for 2 years?

[alikhan28]

it doesnt matter whether it is called "switch" or not. My wife went to native country when converting from spouse to wp status in 2007.

Are you kidding us?

Indeed it matters.If you can switch within Uk then what the point going oversea to make spouse visa application.

My question, what is the requirement for spouse when applying with the main applicant as tier 1 visa holder? Does she have to in spouse status for 2 years?

Have your read above posts carefully?

Ali

[vinny]

I will be applying for ILR next year(combination of WP and tier1) and my wife together. So I guess I will be applying using set O.

My wife is currently on her own tier 2 status. She came here as my spouse in 2007 but then switched into work permit and then tier 2 as her company wanted her in that status. However we lived toether all along and have documents to prove it. Now I think just before my application, she has to go to back to the native country , changed her status into my spouse and then come back.

But I am a bit confused, does my wife have to be on spouse status for last 2 years to be eligible?

It would have been simpler for her if she had remained as your dependant and not changed into work permit followed by Tier 2. However, if she now goes back and gets a Tier 1 dependant entry clearance, then she may apply for ILR (319E) with you.

Alternatively, she may complete 5 years under a combination of work permit and Tier 2 to be eligible for settlement. Or, after you are granted ILR, she may switch to FLR(M) and subsequently SET(M).

KOL required for settlement.

[eager2learn]

I will be applying for ILR next year(combination of WP and tier1) and my wife together. So I guess I will be applying using set O.

My wife is currently on her own tier 2 status. She came here as my spouse in 2007 but then switched into work permit and then tier 2 as her company wanted her in that status. However we lived toether all along and have documents to prove it. Now I think just before my application, she has to go to back to the native country , changed her status into my spouse and then come back.

But I am a bit confused, does my wife have to be on spouse status for last 2 years to be eligible?

It would have been simpler for her if she had remained as your dependant and not changed into work permit followed by Tier 2. However, if she now goes back and gets a Tier 1 dependant entry clearance, then she may apply for ILR (319E) with you.

Alternatively, she may complete 5 years under a combination of work permit and Tier 2 to be eligible for settlement. Or, after you are granted ILR, she may switch to FLR(M) and subsequently SET(M).

KOL required for settlement.

Thank you vinny for the informative answers and links. That answered my question.