Can I include my wife in my ILR, who is on independent Tier1

[amit_london]

HI All,
I am currently on Tier1 VISA and eligible to apply for ILR. My wife came to UK on her independent Tier1. We satisfy the requirement for last 2yrs of cohabitation in UK.
I would like to add my wife as dependent on my ILR application. Can I do that?

Thanks in advance!

[Master_Blaster]

As long as she satisfies the 2 year rule and have documents to prove your co habitation for two years, I do not see any issue.

All the best.

HI All,
I am currently on Tier1 VISA and eligible to apply for ILR. My wife came to UK on her independent Tier1. We satisfy the requirement for last 2yrs of cohabitation in UK.
I would like to add my wife as dependent on my ILR application. Can I do that?

Thanks in advance!

[pkumar]

Amit, She cannot apply as your dependent for ILR ... she is on her own .... if she wants to be part of your ILR she needs to get Dependent Tier 1 first and then you both can apply for ILR

[Greenie]

As long as she satisfies the 2 year rule and have documents to prove your co habitation for two years, I do not see any issue.

Well how about the issue that to qualify for ILR as the dependent of a Tier 1 migrant, para 319E(c) of the rules require that the applicant has leave as the dependent of a Tier 1 migrant?

OP - your wife cannot apply for ILR at the same time as you. She would have to leave the UK and apply for entry clearance as a PBS dependent first - she cannot switch in country due to 319C(h)

[geriatrix]

Can be done, but the only way is how Greenie has explained (applying for entry clearance as PBS dependant from outside the UK and (re)entering UK as dependant - before you apply for settlement).

[amit_london]

Thanks everyone for your comments! Greenie, great advice!

I applied for ILR and received my biometric card last week.

Now, can't my wife apply via FLR(M) to apply within UK as my dependent?

As long as she satisfies the 2 year rule and have documents to prove your co habitation for two years, I do not see any issue.

Well how about the issue that to qualify for ILR as the dependent of a Tier 1 migrant, para 319E(c) of the rules require that the applicant has leave as the dependent of a Tier 1 migrant?

OP - your wife cannot apply for ILR at the same time as you. She would have to leave the UK and apply for entry clearance as a PBS dependent first - she cannot switch in country due to 319C(h)

[geriatrix]

Yes, she can.

But would it be appropriate to do so is another question. To answer that, please say when will your wife become eligible for settlement in her own right (as a Tier 1 (General) migrant)?

[amit_london]

2.5 yrs to go and God knows what the settlement rules will look like then...
Her Tier-1 visa will be due for renewal in Nov 2012.

[quote="sushdmehta"]Yes, she can.

But would it be appropriate to do so is another question. To answer that, please say when will your wife become eligible for settlement in her own right (as a Tier 1 (General) migrant)?[/quote]

[geriatrix]

The current points based eligibility criteria for settlement by Tier 1 (General) migrants will not undergo any further change. But that's just my opinion!

Okay,
1. If your wife makes an application for FLR(M) leave before 09-Jul-12, she may be eligible for settlement only after completing 2 years on such leave.
2. If your wife makes an application for FLR(M) leave after 08-Jul-12, she may be eligible for settlement only after completing 5 years on such leave.
3. If your wife continues as a Tier 1 (General) migrant, she may be eligible for settlement in 2.5 years, as you say.

Take your pick.


For any further queries regarding FLR(M), post in this forum.