Tier 1 visa holder applying for ILR on spouse's WP

d_seng · Post by **d_seng** » Mon Oct 25, 2010 3:30 pm

Hello,

We are Indian nationals living in the UK.

My wife entered UK in June 2006 with me and our daughter as dependants, with a work permit validity till June 2011.

I took IELTS test in Dec 2007 and obtained 8.5 out of 9.0

I applied for Tier 1 approval in Jan 2008 and got the letter in March (when it was a two stage process), and then I went to India in Sep 2008 and got my Tier 1 highly skilled visa for 3 years, and therefore ceased to be a dependant of my wife.

My wife (and daughter) will apply for residency in May 2011, a month before completion of 5 years.

Just a few questions so that I can start preparing for it:

1. Can I apply on the same application as my wife as her dependant, although I am not on her dependant visa? The guideline on http://www.ukba.home...tionformset(o)/ says: "You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants.". It doesn't sound like that I have to return to India, change my visa status to a "dependent visa" and then come back and apply with her.

2. Will my IELTS score be still valid, even though it will be more than 3 years old? I know I have to take the life in the UK test in any case.

3. Can my wife take an IELTS test like me (she did not have to take one in 2006) and then pass the life in the UK test? Or does she have to 'study' for an ESOL qualification as per this UK BA note: http://www.ukba.home...kol-settlement1. I am a bit confused about this factor!

Lastly, I would like to engage a qualified lawyer for my residency application, when is it best time to contact them? What kind of charges are we looking at and what level of support do I expect? Any recommendations? I live in Crawley, West Sussex, just south of Gatwick.

Thanks in advance!

Regards,
Dhruva

Post by **geriatrix** » Mon Oct 25, 2010 3:34 pm

1. No, for the very reason that you are not a dependent. But if you again become a dependent of your wife (following the very process you have stated) before she applies for settlement then you may apply for your ILR at the same time as her (as her dependent).
2. There is no requirement for either of you to pass IELTS / other English language test in addition to the LITUK test.

regards

xyz123 · Post by **xyz123** » Tue Oct 26, 2010 10:52 am

sushdmehta wrote:1. No, for the very reason that you are not a dependent. But if you again become a dependent of your wife (following the very process you have stated) before she applies for settlement then you may apply for your ILR at the same time as her (as her dependent).
2

regards

Just out of interest does OP need to leave the country to change visa status to dependent or can this be done whilst still in UK?

Post by **geriatrix** » Tue Oct 26, 2010 12:03 pm

xyz123 wrote:does OP need to leave the country to change visa status to dependent

Yes.

regards

d_seng · Post by **d_seng** » Tue Mar 01, 2011 1:44 pm

sushdmehta wrote:
xyz123 wrote:does OP need to leave the country to change visa status to dependent
Yes.

regards

Sorry to tread on an old post. Just to summarize:

My wife entered UK in June 2006 with me and our daughter as dependants, with a work permit validity till June 2011. I obtained my Tier 1 visa in Sep 2008.

To apply for ILR at the same time as my wife (in May 2011) as her dependant, can I use my previous dependant visa?

Or did it become invalid as soon as I switched to Tier 1, in case of which I will need to return to my home country and switch my visa status. Will the British High Commission see this as a 'normal' application (i.e. switching back and forth several times) and will it cause any concerns to them? I will, of course, mention the purpose of switching quite clearly in the application.

Thanks in advance!

Pierrot95 · Post by **Pierrot95** » Tue Mar 01, 2011 2:08 pm

d_seng wrote:To apply for ILR at the same time as my wife (in May 2011) as her dependant, can I use my previous dependant visa?

Yes but...
Your current status is Tier 1. You can't have two status at a time, but you can have two valid visas. When you enter the country, you should say on which visa you are entering.
IMHO, you will have to leave the country and re-enter as dependant.

====

Post by **geriatrix** » Tue Mar 01, 2011 2:13 pm

Pierrot95 wrote:
d_seng wrote:You can't have two status at a time, but you can have two valid visas. When you enter the country, you should say on which visa you are entering.
IMHO, you will have to leave the country and re-enter as dependant.

====
The instructions on the issue have changed. See also Can I have more than one visa.

d_seng wrote:Or did it become invalid as soon as I switched to Tier 1, in case of which I will need to return to my home country and switch my visa status.
Yes.
d_seng wrote:Will the British High Commission see this as a 'normal' application (i.e. switching back and forth several times) and will it cause any concerns to them?

Yes and No.

regards

d_seng · Post by **d_seng** » Tue Mar 01, 2011 2:37 pm

Pierrot95 wrote:You can't have two status at a time, but you can have two valid visas. When you enter the country, you should say on which visa you are entering.
IMHO, you will have to leave the country and re-enter as dependant.

====

sushdmehta wrote:The instructions on the issue have changed. See also Can I have more than one visa.
====

Thanks for the info.

Would you know how do I inform home office and do I need to have an acknowledgement from them before I apply for a dependant visa?

Post by **geriatrix** » Tue Mar 01, 2011 2:41 pm

Just travel to home country and apply for dependant visa, if you wish to! Nothing more needed.

regards

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Tier 1 visa holder applying for ILR on spouse's WP

Tier 1 visa holder applying for ILR on spouse's WP