Me a british citizen wife on Tier 1 nearing ILR.......

[barua]

Hi All,
Me and my wife are both in UK since 2005 and I got my citizenship a year ago. But didn't switch my wife's Tier1(expiring in oct 2012) as we thought she can get her ILR on her own at the end of 5 years in 0ct 2012, but now on the points basis she does not qualify. She only gets 70 points.
She is working full time since last 5 years.
What options does she have please?
And how long does it take before getting her ILR/ BC.
Since we both used to work in different cities to start with though we were visiting each other on every weekend we only have proofs of staying together for last 2 years(since we started staying together). We didn't really think of long term as we were confident of her ILR on her own Tier1.
What do you suggest please?
thanks,
Barua

[Lucapooka]

If you wife can't get ILR through her current status, she will have to switch into leave to remain as your partner. This will begin a five year period of leave before she is eligible for ILR in that category. However, she will have been in the UK for 10 years in 2015, and can apply for ILR on that basis also - if there are no significant breaks in residence in accordance with the residence requirements for that category.

[AJR]

Hi, my wife is in a similar situation, having remained on her own Tier 1. Now we are worried she might not get ILR for having been out of the UK more than 180 days in the 5 years.

Does the first five years spent legally in the UK not mean anything when switching to dependent status? Does this mean she can only use Set (m) when she has already been on dependent visa for 5 years? Would you have to use FLR (m) instead?

[Lucapooka]

No (unless it can be aggregated into 10 yrs long residence), yes and yes.