Tier 2 to Tier1 Dependent Change and Its implication on ILR

[NikhilChandarana]

Dear All,

Please can you help me with my query below. Appreciate your quick response as its very urgent

1) I am on tier 1 VISA and my wife is working on Tier 2 VISA and we both are working in London
2) My wife wants to be able to work independently and therefore would like to change her visa status from tier2 to Tier1 dependent, so that she can work as free lancer
3) I understand she cannot do this whilst she is in UK and therefore she is planning on going to India and doing this from India next month and then enter UK as Tier1 dependent
4) My wife and I both entered in UK on 30-Jan-2009 and we will both be completing 5 years ( Eligible for ILR ) on 29-Jan-2014

Now my question is,

Since my wife is now changing her VISA status
Q1) What Implication it would have on her ILR eligibility ?
Q2) My friends have told me that my wife would need to spend 2 ( few told me 5) years before she can be eligible for ILR?
Q3) But if I am going to be eligible and switch to ILR from Tier 1 - how come my wife will continue to be Tier-1 dependent and spend reminder of 2 or 5 year as Tier 1 dependent and not as ILR dependent ?

I am quite confused and dont want to go for Tier1 dependent if the wait time is going to be 5 years. In that case my wife might as well wait until she completes 5 years on Tier 2 and then get ILR.

Please can I request all GURUs to comment and guide me on this so that I can take correct decision.

Many thanks in advance and look forward to your replies

Regards, Nikhil

[uksettlement]

5 years if she switches now as that's the new rule. It used to be 2 years until earlier this year when that was changed.

[NikhilChandarana]

Thanks for your reply, really appreciate that

One more question I have is - what would be the VISA status during the 5 year wait? Main applicant (me) will obviously get ILR in 2014 and Citizenship subsequently where as my wife will continue to wait for 5 years...but what would be her VISA status?

How can she be Tier1 Dependent and keeps waiting for 5 years where as main applicant she is dependent on wont be Tier 1 holder soon ( as I will get ILR and Citizenship )

I hope I am making sense? Kindly help clear my confusion and write back in details.

Many thanks once again

Regards, Nikhil

[geriatrix]

How can she be Tier1 Dependent and keeps waiting for 5 years where as main applicant she is dependent on wont be Tier 1 holder soon ( as I will get ILR and Citizenship )

Because the immigration rules now allow it (319C(b)).