ILR or Spouse visa?

[jessica_halida]

Thanks Vinny,

So that means this leave me with 2 option since Tier 1 PSW -> ILE is not possible.

As laid by sushdmeta.

Option 1 : Tier 1 PSW -> Tier 1 dependant (my dependant) -> ILR (with the risk of being rejected for his period overseas)

Option 2 : Tier 1 PSW -> Spouse Visa from inside UK, and later on -> ILR when he is done with his probation period.

Ideally, I would really want option 1, but I don't know how likely he will get rejected. His bank account, tax letter, council tax, mortgage, all still arrive in my house in UK.

So probably option 2 is saver to go, but since the nature of his job as management consultant, he'll be overseas a lot, even if his contract based in UK. I've heard most of them goes to heathrow every monday morning and return on friday. Will this means he'll be in probation / spouse visa forever?

You need to be honest about the fact that he has been working overseas. Don't try to submit his bank statements etc as evidence he has been living with you in the UK if he has not. If you do this UKBA may say he has used deception in his application.

Read para 4.5 of this document regarding absences during the probationary period.

Hi everyone,

A new update from me.
I am now granted ILR and my son (who is born in UK) now is a British Citizen. Now, my husband is the only one who is still on PBS (previously Tier 1 PSW, now Tier 2). He has been here since Feb 2012 since he got a transfer, however now is keen to switch job.
Now, according to our conversation above, am I right the best path for him is to apply for spouse visa in the country (UK)?

Thank you for all of your help.

Jessica

[vinny]

A lot has changed since 2011.

What category of Tier 2 is he on and when did he start?

If he switches to spouse status, then his qualifying period (5 years) for ILR will be reset.

[jessica_halida]

A lot has changed since 2011.

What category of Tier 2 is he on and when did he start?

If he switches to spouse status, then his qualifying period (5 years) for ILR will be reset.

Hi Vinny,

Thank you for yor response.
My husband holds Tier 2 since February 2012. Before that he was on overseas assignment for 18 months in Indonesia (overseas), so I am pretty sure his ILR clock just restarted since he came back to UK in February 2012.
In essence, I am not too concern about his ILR clock restarted as long as he can work here in UK. The problem with Tier 2 is at the moment he is restricted to the company that are willing to sponsor him.
If he is qualify for spouse visa, which form should we fill?
Thank you.

Jessica

[vinny]

See also partner of a British citizen or a person who is settled here.

[jessica_halida]

See also partner of a British citizen or a person who is settled here.

Hi Vinny,

Thank you, I've read that. However this points raise question in my head
http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

You cannot apply in a partner category if you:

A .are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and

B. you do not qualify for settlement yet

now, I was previously under Tier 1 for 5 years before I get my ILR. is that means my husband are not qualified to apply as my partner?
and I really don't understand what "B" is saying....

[vinny]

As he is not a PBS dependant, he may apply in this category.

What is "B" saying?

[jessica_halida]

As he is not a PBS dependant, he may apply in this category.

What is "B" saying?

Hi Vinny,

I think I misunderstood you.
I thought my husband can't apply in that category because my last permit to stay before granted ILR was Tier 1 and he is not qualified for settlement yet.

Okay, in summary, my husband will apply under this category
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/ using FLR(M)
And here is the fee for applying in person £953

Thank you very much Vinny, really appreciate your advice so far
Wish you have a great weekend.

Jess