Tier 1 General to Indefinite

[innocentspy]

I came to Uk on a student visa and was holding an HSMP approval letter. By the time I applied for the visa, HSMP category was finished and I got the Tier 1 General Visa on 5th January 2009.

I got my visa again renewed on 13th January 2012 and is valid until 13th January 2014.

Keeping this in mind, am i right to assume that I am eligible for applying Indefinitely leave to remain in Uk by the expiry date of my visa? ( I understand that I need to give Life in Uk and points that I need to be eligible)

My wife got the dependant visa on 04th July 2012. Will she be eligible with me for Indefinite at the same time?

If not will she have to apply for indefinite when she has completed her 2 years in UK?

If I change my status to Indefinite Leave to Remain in UK, she will have to apply as my dependant on my new changed category. Will she still have to spend time till July to be eligible for Indefinite or September as she came to UK in September Or she will have to spend 5 years to be eligible for Indefinite?

Some people say as her category will be changed when she become dependant after I have changed my category to indefinite, she will have to spend 5 years under the new regulation. Is that correct?

If I extend my stay under Tier 1, lets say till July or September based on when she is eligible, then we both can apply for Indefinite, then her 2 years will be counted in the same way as she didn't change her category?

Also, when it says there is limited time of absence from this country, if I have stayed for more than 180 days in total out of this country within the 5 year period, will that effect me when I apply for Indefinite or Citizenship? If yes, under what conditions are the leave of more than 180 days over the period of 5 years allowed?

I need clarification of this based on different situations that I have presented.

[uksettlement]

I came to Uk on a student visa and was holding an HSMP approval letter. By the time I applied for the visa, HSMP category was finished and I got the Tier 1 General Visa on 5th January 2009.

I got my visa again renewed on 13th January 2012 and is valid until 13th January 2014.
You can apply 28 days before 5th jan 2014

Keeping this in mind, am i right to assume that I am eligible for applying Indefinitely leave to remain in Uk by the expiry date of my visa? ( I understand that I need to give Life in Uk and points that I need to be eligible)
Yes you need to give LIUK test and score points for age, qualifications, pervious earning and uk experience.

My wife got the dependant visa on 04th July 2012. Will she be eligible with me for Indefinite at the same time?
No she will not be eligible when you apply as she wld not have completed her 2 yrs stay.

If not will she have to apply for indefinite when she has completed her 2 years in UK?
Yes

If I change my status to Indefinite Leave to Remain in UK, she will have to apply as my dependant on my new changed category. Will she still have to spend time till July to be eligible for Indefinite or September as she came to UK in September Or she will have to spend 5 years to be eligible for Indefinite?
The new rules came on the 9th of July because your wife's visa was stamped before that she only has to show cohabitation for 2 years and not 5. She might have to apply for an extension under the category that you currently hold and she will be be eligible to apply using set m after completion of 2 years.[/color]

Some people say as her category will be changed when she become dependant after I have changed my category to indefinite, she will have to spend 5 years under the new regulation. Is that correct?
That is incorrect!

If I extend my stay under Tier 1, lets say till July or September based on when she is eligible, then we both can apply for Indefinite, then her 2 years will be counted in the same way as she didn't change her category?

You can extend it but why wld you want to do that? it makes sense that in that case you both qualify for ilr together. however, you are eligible in dec 2013, so you can save out on the fees which are ever increasing!

Also, when it says there is limited time of absence from this country, if I have stayed for more than 180 days in total out of this country within the 5 year period, will that effect me when I apply for Indefinite or Citizenship? If yes, under what conditions are the leave of more than 180 days over the period of 5 years allowed?

Permitted absence now isn't total of 180 days anymore. Now you are permitted 180 days in every year but have to explain the reason for absence and provide relevant documentation satisfying the CW. For citizenship the criteria is not more than 450 days in the last 5 years and not more than 90 days in the last year of application. So be wise in terms of how much time you are spending outside the uk!


I need clarification of this based on different situations that I have presented.