Seperate Tier1 Visas- how to apply for Settlement???

[swordfish20000]

Hi and respect to all the Experts at the Forum. You have been really great!!!

Would appreciate if you could help us in the below situation-

Myself and wife are currently on seperate Tier1 visas since the past 3 years. Whilst, I will be eligible to apply for ILR in Jan2013; my wife still has to wait for her ILR until May 2014.

Can she get an ILR as my dependant while I apply in Jan2013.

I understand that there is some 2 year requirement; but since she has already been in UK for over 3 years and also been living together; does this meet the criteria.????

If not what is the best option???

Many thanks for reading my post...hope to hear from you soon...

Regards

[Greenie]

she would have to leave the UK and apply for entry clearance as your dependent first.

[swordfish20000]

she would have to leave the UK and apply for entry clearance as your dependent first.

Thanks for your reply...

By doing this, would she be able to apply for ILR along with me in Jan2013.??

[Greenie]

she would have to leave the UK and apply for entry clearance as your dependent first.

Thanks for your reply...

By doing this, would she be able to apply for ILR along with me in Jan2013.??

Yes providing she meets the requirements of 319E

[swordfish20000]

she would have to leave the UK and apply for entry clearance as your dependent first.

Thanks for your reply...

By doing this, would she be able to apply for ILR along with me in Jan2013.??

Yes providing she meets the requirements of 319E

Thanks for the link...

1 - Is it not possible to just apply from UK rather than leaving UK and applying from home country.???

Also, just to add , my wife is pregnant at moment and will not be allowed or is not recommended to travel abroad. Her Tier1 visa extension is due this June2012.
2 -Is it best for her to extend the visa on her own right now and after delivering the baby leave country in December2012 and come back as applying for Dependant in Jan2013 once I have my ILR done.

Thanks

[Greenie]

No - the rules don't permit her to apply from withim the UK as she doesn't not satisfy the requirements of 319C(h)

If she waits until you have ILR then she would not need to leave the UK as the switching rules for spouses of settled persons are more lenient, however she would then need to wait a further two years to apply for ILR.

When does her current leave expire?

When is the baby due?

[swordfish20000]

No - the rules don't permit her to apply from withim the UK as she doesn't not satisfy the requirements of 319C(h)

If she waits until you have ILR then she would not need to leave the UK as the switching rules for spouses of settled persons are more lenient, however she would then need to wait a further two years to apply for ILR.

When does her current leave expire?

When is the baby due?

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

[Greenie]

No - the rules don't permit her to apply from withim the UK as she doesn't not satisfy the requirements of 319C(h)

If she waits until you have ILR then she would not need to leave the UK as the switching rules for spouses of settled persons are more lenient, however she would then need to wait a further two years to apply for ILR.

When does her current leave expire?

When is the baby due?

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

will she meet the points to qualify for an extension in her own right?

[swordfish20000]

No - the rules don't permit her to apply from withim the UK as she doesn't not satisfy the requirements of 319C(h)

If she waits until you have ILR then she would not need to leave the UK as the switching rules for spouses of settled persons are more lenient, however she would then need to wait a further two years to apply for ILR.

When does her current leave expire?

When is the baby due?

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

will she meet the points to qualify for an extension in her own right?

Yes she qualifies and has required points.

Infact we have an PEO appointment for coming Monday ; but we are not sure whether to go ahead because if she cannot switch to dependant then she might as well carry on her own right.

[swordfish20000]

No - the rules don't permit her to apply from withim the UK as she doesn't not satisfy the requirements of 319C(h)

If she waits until you have ILR then she would not need to leave the UK as the switching rules for spouses of settled persons are more lenient, however she would then need to wait a further two years to apply for ILR.

When does her current leave expire?

When is the baby due?

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

will she meet the points to qualify for an extension in her own right?

Yes she qualifies and has required points.

Infact we have an PEO appointment for coming Monday ; but we are not sure whether to go ahead because if she cannot switch to dependant then she might as well carry on her own right.

Hi Greenie,

So is the best option to Apply for my wife Tier 1 seperate. Then leave the country and come back as dependant. And then join me alongside when I apply for ILR. This way she would not need to wait for 2 years?? is my understanding correct...

Thanks

[Greenie]

No - the rules don't permit her to apply from withim the UK as she doesn't not satisfy the requirements of 319C(h)

If she waits until you have ILR then she would not need to leave the UK as the switching rules for spouses of settled persons are more lenient, however she would then need to wait a further two years to apply for ILR.

When does her current leave expire?

When is the baby due?

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

will she meet the points to qualify for an extension in her own right?

Yes she qualifies and has required points.

Infact we have an PEO appointment for coming Monday ; but we are not sure whether to go ahead because if she cannot switch to dependant then she might as well carry on her own right.

what is the appt for? to extend her leave under tier 1 general or switch to dependent?

[swordfish20000]

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

will she meet the points to qualify for an extension in her own right?

Yes she qualifies and has required points.

Infact we have an PEO appointment for coming Monday ; but we are not sure whether to go ahead because if she cannot switch to dependant then she might as well carry on her own right.

what is the appt for? to extend her leave under tier 1 general or switch to depend


The appointment is for to extend her leave under tier 1 general..

[swordfish20000]

Thanks Greenie,

Her leave expires 08June 2012 and baby is due end of June.

will she meet the points to qualify for an extension in her own right?

Yes she qualifies and has required points.

Infact we have an PEO appointment for coming Monday ; but we are not sure whether to go ahead because if she cannot switch to dependant then she might as well carry on her own right.

what is the appt for? to extend her leave under tier 1 general or switch to dependent?

Hi
We have an PEO appointment booked for Tier1 extension.

[Greenie]

so why are you thinking of not attending the appt - sorry a bit confused?

as she needs to extend her leave by June the it would be a good idea to do it now in case baby comes early. Yes she can then return home and apply for entry clearance as your tier 1 dependent before you apply for ILR in Jan 2012.

[swordfish20000]

so why are you thinking of not attending the appt - sorry a bit confused?

as she needs to extend her leave by June the it would be a good idea to do it now in case baby comes early. Yes she can then return home and apply for entry clearance as your tier 1 dependent before you apply for ILR in Jan 2012.

Sorry to confuse you Greenie....

- Basically, at first we thought of converting her to my Tier1 dependant and going as per plan; but then yesterday found out that she cannot become my dependant without leaving the country.

- So we quickly gathered all her documents and decided to apply on her own right. Luckily after spending an hour on UKBA booking website we got PEO appointment.( now got appointment for 27March2012)

- Her current leave is expiring on 08Jun2012 - so although we got appointment now ; this is almost 70 days early rather than the suggested 28 days.

- do u think if we take this appointment they would still give the visa from her previous expiry date and not appointment date - so as not to have gaps for the 5 year settlement route - in case we need to apply for ILR

[swordfish20000]

so why are you thinking of not attending the appt - sorry a bit confused?

as she needs to extend her leave by June the it would be a good idea to do it now in case baby comes early. Yes she can then return home and apply for entry clearance as your tier 1 dependent before you apply for ILR in Jan 2012.

Sorry to confuse you Greenie....

- Basically, at first we thought of converting her to my Tier1 dependant and going as per plan; but then yesterday found out that she cannot become my dependant without leaving the country.

- So we quickly gathered all her documents and decided to apply on her own right. Luckily after spending an hour on UKBA booking website we got PEO appointment.( now got appointment for 27March2012)

- Her current leave is expiring on 08Jun2012 - so although we got appointment now ; this is almost 70 days early rather than the suggested 28 days.

- do u think if we take this appointment they would still give the visa from her previous expiry date and not appointment date - so as not to have gaps for the 5 year settlement route - in case we need to apply for ILR

Hi Greenie,

Please correct my understanding -

- My wife applies for Tier 1 extension on her own right first

- Then, after baby delivers ; she leaves UK in Nov

- She then applies for dependant under Tier1 from outside UK

- When she comes back in Jan2013, I go for ILR and she can apply as my dependant straightaway without having to wait for 2 years; as we would have already fulfilled the cirteria of living together for 2 years and met the cohabitaion criteria.


- Also what i understand is that she Has to apply as dependant first and only then apply alongside me for ILR. - She cannot directly apply when she is outside UK as my ILR dependant and get ILR straightaway

So we would need to apply 3 times
1 - apply for Tier1 extension (which we need to anyways)
2 - she applies as my dependant - just to show entry clearance
3 - she can then finally join me when I apply my ILR

Hope the above makes sense......

[Greenie]

it all makes sense and your undersatnding is correct, note, this is based on the information you have given and the rules as they stand currently.

[swordfish20000]

it all makes sense and your undersatnding is correct, note, this is based on the information you have given and the rules as they stand currently.

Thanks Greenie...

Please clarify -

Is it ok for us to apply on 27 March - which will be 70 days before current leave expires. Will they still give us extension from June2012 rather than this early application date of 27Mar.

Thanks

[Greenie]

it all makes sense and your undersatnding is correct, note, this is based on the information you have given and the rules as they stand currently.

Thanks Greenie...

Please clarify -

Is it ok for us to apply on 27 March - which will be 70 days before current leave expires. Will they still give us extension from June2012 rather than this early application date of 27Mar.

Thanks

no she will get an extension from 27 March it would be a problem if she wanted to apply for ILR as a tier 1 migrant, as she would have a shortfall, but given that she is going to leave the UK and apply for a PBS dependent vias anyway, it won't really matter.

[DayDream]

swordfish20000

My situation is more or less similar to yours. Im on T1(G) valid until Jan 2013 and I will be eligible to apply for ILR in Dec 2012. My wife is on her own T1(G) valid until May 2013.

After reading the rule, I'm thinking to go for my ILR first and then apply for my wife as dependent before her T1(G) expires in May 2013. Hope this should be fine?

Another thing is, we got married last year(June 2011) but were living together from May 2008. So if I'm applying for my wife's ILR as dependent before our 2nd anniversary(June 2013), how can I prove 2 yrs cohabitation? I mean whether our living together be considered for the shortfall if we provide supporting documents?

Thanks.

[swordfish20000]

swordfish20000

My situation is more or less similar to yours. Im on T1(G) valid until Jan 2013 and I will be eligible to apply for ILR in Dec 2012. My wife is on her own T1(G) valid until May 2013.

After reading the rule, I'm thinking to go for my ILR first and then apply for my wife as dependent before her T1(G) expires in May 2013. Hope this should be fine?

Another thing is, we got married last year(June 2011) but were living together from May 2008. So if I'm applying for my wife's ILR as dependent before our 2nd anniversary(June 2013), how can I prove 2 yrs cohabitation? I mean whether our living together be considered for the shortfall if we provide supporting documents?

Thanks.

HI Daydream,

Ya, its a pain they dont allow them to switch dependant in a straight forward way...

nevertheless..... from wht u mentioned above.....i would suggest from my undertsanding...as per below..

1st option
- Firstly, you would need to switch your wife as dependant before you apply for ILR. Plus this switching can only be done from outside UK and by getting an entry clearance.
-Once she is dependant , while you are on Tier1, you both together could apply for ILR
( PLease note - you would need to do more research whether you fulfill the criteria of 2 years cohabitation )

2nd option

- You take your ILR in Dec 2012
- You can then apply for Spouse visa via form FLR(M) from within the UK. This would be for 2 years to fulfill the 2 years cohabiitation rule. Funny they do not consider the period you have been living together as you both were on seperate visas.
-Then after 2 years in Dec2014 , she can apply for ILR

3rd option
-She continues on her own Tier 1 extension and then applies for ILR in May2015

Hope it makes sense....

[DayDream]

swordfish20000

Thanks for your detailed response. Option 1 looks good to me, since that allows me/wife to apply for ILR at same time.

Now I have follwing questions,

1) My wife has her own T1(G) valid until may 2013, does HO allow her to apply as my dependent when she already has a valid Leave to remain?

2) If HO allows her to switch her status as T1 dependent, does she have to wait for 2 years from date of EC or can I include her on my ILR application(due in Dec 2012)?

3) We both lived together for 4 years now, but married since June 2011. What documents do we need to prove cohabitation If we are allowed to apply for ILR together in Dec 2012?

Thanks.

[DayDream]

swordfish20000 / Mod's

Please can you look in to my questions?

Thanks...

[DayDream]

it all makes sense and your undersatnding is correct, note, this is based on the information you have given and the rules as they stand currently.

Hi Greenie

From what you said above, it looks like you are confirming that swordfish20000's wife can apply for ILR along with him in Jan2013, provided shes gets her T1(G) dependant visa outside of UK before Jan 2013.

But in SET(M) guidance under section - Qualifying for Indefinite Leave to Remain(page 2) it is mentioned as below:

2 years’ leave to enter or remain as the partner
of the person named in your application. That period runs from
- the date on which you entered the UK with a
visa in the relevant category; or, if you did not
enter the UK with such a visa, from

- the date on which you were first granted leave
to remain in the UK in the relevant category


Please can you clarify on the above rules? I'm still confused whether my wife can apply for ILR along with me without completing 2 years in the UK as my dependent on T1?

Ps: Myself & my wife are in th UK from Jan 2008 on seperate T1(G) visas, living together in same address. We got married in June 2011, I will be eligible for ILR in Dec 2012.

What are my options to apply along with my wife for ILR in Dec 2012?

Thanks for your help..

Cheers

[swordfish20000]

it all makes sense and your undersatnding is correct, note, this is based on the information you have given and the rules as they stand currently.

Hi Greenie

From what you said above, it looks like you are confirming that swordfish20000's wife can apply for ILR along with him in Jan2013, provided shes gets her T1(G) dependant visa outside of UK before Jan 2013.

But in SET(M) guidance under section - Qualifying for Indefinite Leave to Remain(page 2) it is mentioned as below:

2 years’ leave to enter or remain as the partner
of the person named in your application. That period runs from
- the date on which you entered the UK with a
visa in the relevant category; or, if you did not
enter the UK with such a visa, from

- the date on which you were first granted leave
to remain in the UK in the relevant category


Please can you clarify on the above rules? I'm still confused whether my wife can apply for ILR along with me without completing 2 years in the UK as my dependent on T1?

Ps: Myself & my wife are in th UK from Jan 2008 on seperate T1(G) visas, living together in same address. We got married in June 2011, I will be eligible for ILR in Dec 2012.

What are my options to apply along with my wife for ILR in Dec 2012?

Thanks for your help..

Cheers

Hi Daydream...

sorry for taking time to respond. I am confused too in the whole process.

Would really help if seniors could help us.

In meantime , I have rung a few solicitors and asked them about our case; most of them do not really have a good understanding of this.

So, i think we do need to do a bit of research on this.

Also, have a read of the below link

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

cheers