Tier 1 Dependent getting ILR on her own

[kpinfo]

Hi All,

I have a question : The scenario is something like this.

Both me and my wife came into UK from India in jan 2011 (I came under Tier 2 (ICT)ESTABLISHED STAFF) and my wife was on TIER 2PARTNER VISA with “No Employment as a Doctor or Dentist in Training”

2 months later in march 2011, we both moved into Tier 1 General and Tier 1 General dependent respectively.

I had one renewal of Tier 1 General in Feb 2013 which makes my visa valid untill Feb 2016.

I would also be completing 5 years of continous stay here in UK in Jan 2016 with just one month remainig on the Tier 1 General to apply for ILR.
It is interesting to note that one cannot renew Tier 1 General after April 06th 2015 which leaves me with two options :
1. Early renew Tier 1 General so that it becomes valid till 2018 (3 more years) and not renew my wife's visa and let her get an ILR on her own by applying for an ILR in Jan 2016 while I continue to remain on Tier 1 General not moving into ILR - is this possible?
2. If I dont opt to early renew my Tier 1 General in April 2015 bfore the renewal route closes, what if I get a speeding ticket conviction in court between April 2015 and Jan 2016 which disqualifies me from applying for ILR and due to the fact that I had not extended the Tier 1 by april 2015, there would be no other visa to stay in the country - is this possible or am I halucinating? God forbid, touchwood this wouldnt happen in reality, but if this sort of scenario arises, can my wife move into ILR on her own (as she would not drive and not have any speeding ticket conviction) in jan 2016 as she would be completeing 5 years on tier 1 dependent visa regardless of what happens to me ? Does she have to show earnings or points to qualify for ILR?
3. Since I came into the country in jan 2011 and spent 2 months under Tier 2 (ICT)ESTABLISHED STAFF) - does this period count towards ILR criteria of 5 years? or is it excluded? if excluded then my tier 1 general will expire in Feb where I qualify for ILR only in march 2016 as I got my first Tier 1 general in march 2011?
4. My wife does earn on her own and is this helpful to apply for an ILR on her own although she is on Tier 1 dependent?
5) If I early renew my Tier 1 Visa in april 2015 and not renew my wifes (As she will still have validity on her visa till feb 2016 - is this legal)?
6)My wife was out of the country for 140 consecutive days from Nov 2012 to March 2013 - does this affect her ILR application?
Any help would be much appreciated

Regards
K

[UKBALoveStory]

Tier 1 dependent can only qualify for ILR if their main applicant does. Hope that answers everything

[vinny]

One way where dependants may be eligible for ILR on their own is under Long residence.

[fwd079]

Hi All,

I have a question : The scenario is something like this.

Both me and my wife came into UK from India in jan 2011 (I came under Tier 2 (ICT)ESTABLISHED STAFF) and my wife was on TIER 2PARTNER VISA with “No Employment as a Doctor or Dentist in Training”

2 months later in march 2011, we both moved into Tier 1 General and Tier 1 General dependent respectively.

I had one renewal of Tier 1 General in Feb 2013 which makes my visa valid untill Feb 2016.

I would also be completing 5 years of continous stay here in UK in Jan 2016 with just one month remainig on the Tier 1 General to apply for ILR.
It is interesting to note that one cannot renew Tier 1 General after April 06th 2015 which leaves me with two options :
1. Early renew Tier 1 General so that it becomes valid till 2018 (3 more years) and not renew my wife's visa and let her get an ILR on her own by applying for an ILR in Jan 2016 while I continue to remain on Tier 1 General not moving into ILR - is this possible?
2. If I dont opt to early renew my Tier 1 General in April 2015 bfore the renewal route closes, what if I get a speeding ticket conviction in court between April 2015 and Jan 2016 which disqualifies me from applying for ILR and due to the fact that I had not extended the Tier 1 by april 2015, there would be no other visa to stay in the country - is this possible or am I halucinating? God forbid, touchwood this wouldnt happen in reality, but if this sort of scenario arises, can my wife move into ILR on her own (as she would not drive and not have any speeding ticket conviction) in jan 2016 as she would be completeing 5 years on tier 1 dependent visa regardless of what happens to me ? Does she have to show earnings or points to qualify for ILR?
3. Since I came into the country in jan 2011 and spent 2 months under Tier 2 (ICT)ESTABLISHED STAFF) - does this period count towards ILR criteria of 5 years? or is it excluded? if excluded then my tier 1 general will expire in Feb where I qualify for ILR only in march 2016 as I got my first Tier 1 general in march 2011?
4. My wife does earn on her own and is this helpful to apply for an ILR on her own although she is on Tier 1 dependent?
5) If I early renew my Tier 1 Visa in april 2015 and not renew my wifes (As she will still have validity on her visa till feb 2016 - is this legal)?
6)My wife was out of the country for 140 consecutive days from Nov 2012 to March 2013 - does this affect her ILR application?
Any help would be much appreciated

Regards
K

Well my friend got his and his familys ILR on Tier-2 and I think that both Tier 2 and Tier 1 periods count in ILR application as both use SET(O) and form's first page says its for both. But experts can tell you better.