My scenario:
I first arrived in UK on 19 Sep 2008 as student. I am on Tier 2 General now and my 6 years on T2G will expire on 26 Feb 2018. Currently I am earning less than £35K and my current sponsor is unable to offer me it. I am therefore looking for a new sponsor asap.
My wife arrived in UK as my dependent on 20 Apr 2012. She is still my dependent.
We have a son born here.
Possible ILR options for me and my wife:
(Option 1) We both apply for ILR in Feb 2017 after completing my 5 years duration on T2G: In this scenario I surely have to find a sponsor who would pay me a minimum of £35K by then.
- Q1.1) The rule of £35K salary is currently in appendices in Immigration Rules and will apply from April 2016 onwards. Whereas I will apply for ILR in Feb 2017. How many payslips I need to show as evidence of £35K in order to apply for ILR? In other words, if I manage to get a £35K sponsored job a month or two before Feb 2017, would it still be fine to show only a month payslip as evidence of required salary?
(Option 3) My wife will apply for ILR on 2 years basis and I will apply as her dependent: The rules say that partner is eligible for ILR if they are living with you for at least 2 years if they applied before 9 July 2012. As specified above, my wife arrived in UK as my dependent on 20 Apr 2012. This means she becomes eligible to apply for ILR after completing 2 years duration on this.
The rules also say that she must have enough income to support herself and any dependents.
Once my wife has her ILR, I will apply as her dependent later and complete my 10 years duration, and then I will apply for ILR on my 10 years basis.
- Q3.1) Our son is my dependent on paper; does it mean that she does not need to show income to support our son and will have to show income only to support herself?
Q3.2) My wife had already passed the English Language Test when she applied for dependent visa in 2012. She still has her IELTS certificate with her. Does it fulfil her English test requirement or will she need to pass the test again for ILR?
Q3.3) If I apply as her dependent I will not have to show the £35K minimum salary. Is that correct.
Q3.4) Is it possible to go this route? If yes, am I missing something very important here which could result in her ILR rejection?
Thank you