I and my husband are on Tier 1, how should we go for ILR?

jain.abhi · Post by **jain.abhi** » Mon Mar 26, 2012 3:51 pm

Hi,

I and my husband both are on tier1. My husband has completed his 5 years in this feb. He was on work permit before (since Feb 2007) and then took his tier 1 last year in Mar. He also changed his employer last year.
I am married to him since 2009 and came to UK in mar 2009 on tier 2. I took my tier 1 in Feb 2011. We are living together in UK since mar 2009.

I have 2 questions-
1. Can I apply for ILR with him? If not then what would be the route for me?
2. My husband was 29 year old when he applied for tier1 last year. When he will apply for ILR he should count points based on 29 year old or 30 year old?

Thanks in advance.
Have a nice sunny day!

Abhi

chosenaik · Post by **chosenaik** » Mon Mar 26, 2012 4:04 pm

As you have completed 2 yrs in UK and are now married to him, you can apply for ILR along with your husband.

Post by **Greenie** » Mon Mar 26, 2012 4:12 pm

it appears from the OP's post that she is a tier 1 migrant in her own right, not a tier 1 dependent, in which case she cannot apply for ILR with her husband, unless she leaves the UK and applies for a PBS dependent visa.

chosenaik · Post by **chosenaik** » Mon Mar 26, 2012 4:39 pm

My apologies. Yes that is correct. If OP is a Tier 1 in her own right then she must complete 5 years before applying.

jain.abhi · Post by **jain.abhi** » Mon Mar 26, 2012 4:40 pm

Greenie wrote:it appears from the OP's post that she is a tier 1 migrant in her own right, not a tier 1 dependent, in which case she cannot apply for ILR with her husband, unless she leaves the UK and applies for a PBS dependent visa.

Hi Greenie,

Thanks for your prompt reply.

Would you please answer the second question?

Also, If I go back to my country now and apply for PBS dependent to my husband, then do you think I can apply the ILR with him (as mentioned he is already due for ILR)? We can do that in case immediately I will be able to apply ILR with him.

Otherwise, please suggest what would be the case for me if my husband individually get his ILR.

Many Thanks,
Abhilasha

selva · Post by **selva** » Mon Mar 26, 2012 5:09 pm

jain.abhi wrote:
Greenie wrote:it appears from the OP's post that she is a tier 1 migrant in her own right, not a tier 1 dependent, in which case she cannot apply for ILR with her husband, unless she leaves the UK and applies for a PBS dependent visa.
Hi Greenie,

Thanks for your prompt reply.

Would you please answer the second question?

Also, If I go back to my country now and apply for PBS dependent to my husband, then do you think I can apply the ILR with him (as mentioned he is already due for ILR)? We can do that in case immediately I will be able to apply ILR with him.

Otherwise, please suggest what would be the case for me if my husband individually get his ILR.

Many Thanks,
Abhilasha

Hi Abhilasha,
I can answer your second question about age.

Age (at date of application for first grant)

it should be 29 not 30.

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

I am not sure about your other question

Thanks
Selva

jain.abhi · Post by **jain.abhi** » Tue Mar 27, 2012 11:33 am

Hi All,

My question is still open.
I want to know in case I will now go back to my country and I apply for Dependent PBS and then I will come back to UK, after this will I be able to apply ILR with my husband (who is eligible to apply ILR right now)?

Or will I need to wait for 2 years under the dependent category? Though we have married since 2009 and we were living together in UK but on individual tier1.

Also, I want to know that what are the options for me, in case my husband will get the ILR for himself. How should I will get the settlement in that case?

Many thanks for answering these questions.

Best Regards,
Abhi

Post by **Greenie** » Tue Mar 27, 2012 11:43 am

See FAQ

jain.abhi · Post by **jain.abhi** » Tue Mar 27, 2012 12:38 pm

Greenie wrote:See FAQ

I checked the post. I am not able to find the specific answers though.

It will be great if someone can answer these questions.

Thanks Everyone,
Abhi

Post by **Greenie** » Tue Mar 27, 2012 12:41 pm

jain.abhi wrote:
Greenie wrote:See FAQ

I checked the post. I am not able to find the specific answers though.

It will be great if someone can answer these questions.

Thanks Everyone,
Abhi

read the post again - both scenarios you have posed are addressed in the FAQ

Post by **vinny** » Tue Mar 27, 2012 12:42 pm

Q - Does my spouse qualify with me for ILR?

DayDream · Post by **DayDream** » Tue Mar 27, 2012 1:01 pm

Abhi

Also Follow the post from the link below, you may find some answers...

http://www.immigrationboards.com/viewtopic.php?t=98235

I'm in similar situationas you since my wife is on her own Tier1 and after few discussions here, we decided to go for ILR seperately. We based our decision on cost, time and documents available. In all probablity we felt going for seperate ILR will be less hassle.

Cheers

DayDream · Post by **DayDream** » Tue Mar 27, 2012 1:02 pm

Abhi

Also Follow the post from the link below, you may find some answers...

http://www.immigrationboards.com/viewtopic.php?t=98235

I'm in similar situationas you since my wife is on her own Tier1 and after few discussions here, we decided to go for ILR seperately. We based our decision on cost, time and documents available. In all probablity we felt going for seperate ILR will be less hassle.

Cheers

jain.abhi · Post by **jain.abhi** » Tue Mar 27, 2012 2:04 pm

vinny wrote:Q - Does my spouse qualify with me for ILR?

Hi,

As per this I would be immediately eligible for ILR in case after I become the dependent of my husband because we are living together for more than 3 years in UK.

Please just let me know it is true understanding.

Please also tell me when someone is eligible for ILR (like my husband is eligible), then we should wait for my dependency and then apply together.

The last and still open question is, if my husband applies for ILR for himself right now, then what will be the option for me (given the fact that we have lived more than 3 years together in UK).

Thanks,
Abhilasha

jain.abhi · Post by **jain.abhi** » Tue Mar 27, 2012 2:27 pm

DayDream wrote:Abhi

Also Follow the post from the link below, you may find some answers...

http://www.immigrationboards.com/viewtopic.php?t=98235

I'm in similar situationas you since my wife is on her own Tier1 and after few discussions here, we decided to go for ILR seperately. We based our decision on cost, time and documents available. In all probablity we felt going for seperate ILR will be less hassle.

Cheers

Hi DayDream,

Thanks for your post. Yes, I think the case is similar. The only thing is different between mine, yours and swordfish20000 case are -
1. My husband is right now eligible for his ILR right now.
2. we have married and living together in UK for more than 3 years.

Just looking for a efficient option.

I think we have 2 options -
1. He undergoes his ILR right now. Then I will switch from inside UK thru FLR(M) which further will take 2 years for me to get the ILR.
2. I will get the dependent visa first and then we will together apply for ILR. This way we will get the ILR at the same time.

I am more clear now. Still I would like advices from Gurus on this site. Please also let me know that my understanding is correct.

Please let me know whether there is any restriction in the second option like one should apply for ILR as soon as he is eligible or one can not apply ILR as spouse (with dependent visa) for 28 days or something.

Thanks,
Abhi

DayDream · Post by **DayDream** » Tue Mar 27, 2012 4:18 pm

Abhi

As far as I know, the spouse must be under the dependent category of the main applicant at the time of ILR application. Suppose if your husband is applying for ILR in say June, you should switch your leave to remain as his dependent before June. Also this switch can only be done outside of UK, so plan accordingly since the processing time may vary depending upon the country of application.

You may also consider applying for ILR on your own right since you are under T1.

I say this because, in my case we are considering to apply for ILR seperately as this will save lot of money and effort.

Cheers

Post by **Greenie** » Tue Mar 27, 2012 6:55 pm

jain.abhi wrote:
DayDream wrote:Abhi

Also Follow the post from the link below, you may find some answers...

http://www.immigrationboards.com/viewtopic.php?t=98235

I'm in similar situationas you since my wife is on her own Tier1 and after few discussions here, we decided to go for ILR seperately. We based our decision on cost, time and documents available. In all probablity we felt going for seperate ILR will be less hassle.

Cheers
Hi DayDream,

Thanks for your post. Yes, I think the case is similar. The only thing is different between mine, yours and swordfish20000 case are -
1. My husband is right now eligible for his ILR right now.
2. we have married and living together in UK for more than 3 years.

Just looking for a efficient option.

I think we have 2 options -
1. He undergoes his ILR right now. Then I will switch from inside UK thru FLR(M) which further will take 2 years for me to get the ILR.
2. I will get the dependent visa first and then we will together apply for ILR. This way we will get the ILR at the same time.

I am more clear now. Still I would like advices from Gurus on this site. Please also let me know that my understanding is correct.

Please let me know whether there is any restriction in the second option like one should apply for ILR as soon as he is eligible or one can not apply ILR as spouse (with dependent visa) for 28 days or something.

Thanks,
Abhi

Abhi, your understanding is correct. If you go for option 2 there is no time limit although the sooner rather than later is advisable as the two years will not start until you have been granted leave as a spouse, and the UKBA is likely to introduce changes to the family settlement route later this year.

jain.abhi · Post by **jain.abhi** » Wed Mar 28, 2012 12:09 pm

[/quote]

Abhi, your understanding is correct. If you go for option 2 there is no time limit although the sooner rather than later is advisable as the two years will not start until you have been granted leave as a spouse, and the UKBA is likely to introduce changes to the family settlement route later this year.[/quote]

Hi Greenie,

I am more confused at the moment. Just trying too understand the sequence of events for the 2 options -
Option 1. - He undergoes his ILR right now. Then I will switch from inside UK thru FLR(M) which further will take 2 years for me to get the ILR.

In this case I will have to switch within UK by applying FLR(M) and wait for 2 years and then apply SET(M).

Option 2. - I will get the dependent visa first and then we will together apply for ILR. This way we will get the ILR at the same time.
In this case I will have to first apply Tier 1 (dependent) from my country (lets say I get it by April). Then I will be eligible to apply for ILR with my husband thru form SET(O). After this, we will be sorted forever? or I will have to apply something else..?

One more question for the same option 2 is I am earning in GBP in UK. When I will apply for dependent visa from my country do I need to show my earning and employment status? Also which address we will need to put on application, the current address or address from my country?

This is all for now. I am sure I will be asking more questions as and when I am going along this process. This forum has helped us a lot.

Thanks everyone!
Abhi

jain.abhi · Post by **jain.abhi** » Thu Mar 29, 2012 11:45 am

Hi Gurus,

Please provide your answer for this question..

Thanks,
Abhilasha

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I and my husband are on Tier 1, how should we go for ILR?

I and my husband are on Tier 1, how should we go for ILR?