ILR and Dependent Visa query

[sri_m_v]

I applied for Tier 1 general visa in April 2008 and was granted one. However I have recently changed to Tier1 dependent visa(Jan 2011) due to personal commitments. My wife is now eligligle for PR during september 2011 as she will be completing 5 yrs on Tier 1 general category. Can I apply along with my wife as dependant for PR/ILR SET(O) application? Is it mandatory for me to live for 2 yrs as her dependant before applying for ILR in sep 2011.

Although, we have been living together (married) for past 4+ yrs on independent visas in the UK (both employed for 4+ yrs in UK as well). Please guide us.

Thanks,
Sri

[Greenie]

Sorry I'm confused now. Do you have a dependent visa or not? In your last post you said you didn't?

http://www.immigrationboards.com/viewtopic.php?t=69263

[sri_m_v]

Hi,

Thanks for your reply. Apparently you read both my posts. Actually i was planning to convert to Depending visa soon which is very easy process and to make the question simple in Forum i have told as i already have Depending Visa.

Becuase you read my both posts, the question is something like this:

Do i need to change to Depending Visa before Sep 2011 to get ILR with my wife in Sep 2011 [OR] becuase we are living together (i.e, married) for 4+ Year can she add my name in SET(0) form as dependent while she is applying for ILR and we all the ILR.

I think Later part option is one which Rsetia has metioned as one of the possibility in his post which looks good if it works out becuase i don't need to change the status. Hence trying to check with him/her about the experiences.

Hope I'm clear now..Sorry for the confusing post earlier, i just did to make the question simple.

Thanks
Sri

Sorry I'm confused now. Do you have a dependent visa or not? In your last post you said you didn't?
http://www.immigrationboards.com/viewtopic.php?t=69263

[Greenie]

Rsetia mentioned your latter suggestion as an option but it was explained later on in the thread why this is not possible.

Do i need to change to Depending Visa before Sep 2011 to get ILR with my wife in Sep 2011 [OR] becuase we are living together (i.e, married) for 4+ Year can she add my name in SET(0) form as dependent while she is applying for ILR and we all the ILR.

Yes if you want to be included in her SET(O) you need to switch to a Tier 1 Dependent visa first, otherwise you don't meet the requirements of 319E(c), that

The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

If you wish to switch to a tier 1 dependent you will have to do this from outside the UK.

In relation to your initial question as to whether you have to wait a further two years to apply for settlement once you have switched to Tier 1 dependent, the answer is no because you meet the requirement of 319E(d) as long as you applying for settlement at the same time as your wife.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years