ILR for wife as dependent who is on her own tier1

[fardeens]

Dear All

I will be qualifying for my ILR (work permit: 2 years + tier1 3 years) in may 2011. My wife and I have been living in UK since 2001 and 2003 respectively). She did her masters and then PhD on students visa and now is on Tier1 which will expire in may 2011 (end of initial 3 years).

We have been living together as married couple since November 2003 but mostly on independent visas besides the first one which I was on a student dependent on her.

My question is now when I qualify for ILR can I apply for her as well for ILR as my dependent? We have a one year old son born in UK whom I got a tier1 dependent visa under my name. I think I will be able to apply for him even though he has not been on my dependent visa for 2 years, will I? What is the best way for my wife and my son to get the ILR at the same time as me?

Thank you and Kind regards.

[geriatrix]

Your wife cannot apply for ILR as your dependent as she is not on a dependent visa. Also, dependents of Tier 1 migrants become eligible for settlement only after completing 2 years in the UK as dependents. For her to take the dependent route to settlement (ILR or whatever it will be called then under earned citizenship laws), she will have to return to home country and apply for EC as a Tier 1 dependent.

As for your son, once you have ILR, register your son as British (under section 1(3)) using MN1 form and then apply for a British passport for your son.

regards

[fardeens]

Thank you for your prompt reply. I just have a few additional questions. Now my Wife's Tier1 visa expires in end of May 2011. We have a planned visit to our home country in November. We could potentially apply for EC as tier1 dependent on my tier1 from there. She would get a dependent till 11 may 2011 which is the validity of my tier1.

I can only apply for ILR from 2 May onwards as that was the day I was in UK from. So with given situation my wife won’t be able to apply for ILR as she won’t be 2 years on dependant. What happens to her visa once I get ILR? What visa we apply for her then? Also for my son do I need to include his application in ILR or just mine and then register him as British citizen? I believe it takes about 6 months for the nationality process. What is his status as his tier1 dependant would expire in May 2011. What about travelling etc.?

What would be the best, quickest and cheapest way for my wife to get ILR and nationality? She would qualify for 10 years in September 2011, 5 years (tier 1) in May 2013 or dependant (if we get it done in November 2010) November 2012.


We got married in august 2003 and have been living together in UK since November 2003; we got all bills, statements, mortgages etc to prove the same. Reading the conditions of 319E, it says

“
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
“

So if we get her dependant visa (C) will be satisfied and since we have been living together as married couple since Nov 2003, (D) can be satisfied. Can she not get ILR on these conditions?

Sorry for such a long post.

Regards

[geriatrix]

What happens to her visa once I get ILR? What visa we apply for her then?

If she continues on her Tier 1, then she doesn't need to do anything. If she changes to your dependent before then, she will have to apply for extension of leave as spouse of settled person usinf FLR(M) form.

Also for my son do I need to include his application in ILR or just mine and then register him as British citizen?

No need to include him in your ILR application. AIUI, once you have ILR you can register him as British as explained above. Since he is your dependent, he will be able to qualify for ILR only after spending 2 years in UK as your dependent (I don't if there is an exception to this rule for children born within 2 years preceding the ILR application of the parent). So my suggestion would be that you avoid travelling around that time so that your child can be registered as British and then get his British passport.

Remember that, post July 2011, ILR as it is applied for now, will cease and new earned citizenship laws will come into force (as per information available on date). Unless your wife applies for ILR before then (unfortunately not possible), she will be affected by the new laws and will qualify for whatever category (ILR / probationary citizenship) the new laws introduce.

No one can say for sure if the 10yr. rule to settlement will exist in Sep. 2011, so there is a certain degree of risk there. But, stay as dependent is can be included in the 10yr. residential qualifying period so you may want to change her status to dependent at the earliest (rather than wait until November).

We got married in august 2003 and have been living together in UK since November 2003; we got all bills, statements, mortgages etc to prove the same. Reading the conditions of 319E, it says

“
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
“

So if we get her dependant visa (C) will be satisfied and since we have been living together as married couple since Nov 2003, (D) can be satisfied. Can she not get ILR on these conditions?

AIUI, one has to spend "2 years in the UK as a dependent" before becoming eligible for settlement under PBS rules. Check with UKBA.

regards

[fardeens]

Hi

Thank you for your reply.

[quote="sushdmehta"]If she continues on her Tier 1, then she doesn't need to do anything. If she changes to your dependent before then, she will have to apply for extension of leave as spouse of settled person using FLR(M) form. [/quote="sushdmehta"]

Her Tier1 initial 3 years visa expires towards the end of May 2011. So she will need to do something or the other before then. I was reading some threads and tier1 dependant from vfs, Delhi could sometimes take over two months. We are only going for a 4 weeks holiday in November so that wont help as we will need to be back for work. So I guess the option for me is to apply for ILR and then apply for my wife on FLR(M) from UK and register my son as British Citizen.

Hope this makes sense. I sincerely wish there was some way of applying for my wife for ILR at the same time as myself.

Regards

[geriatrix]

Hi

Thank you for your reply.

If she continues on her Tier 1, then she doesn't need to do anything. If she changes to your dependent before then, she will have to apply for extension of leave as spouse of settled person using FLR(M) form.

Her Tier1 initial 3 years visa expires towards the end of May 2011. So she will need to do something or the other before then.

What I meant to say was that if she wishes to continue on her Tier 1, then she doesn't need to do anything.

I was reading some threads and tier1 dependant from vfs, Delhi could sometimes take over two months. We are only going for a 4 weeks holiday in November so that wont help as we will need to be back for work. So I guess the option for me is to apply for ILR and then apply for my wife on FLR(M) from UK and register my son as British Citizen.

She can apply for extension using FLR(M) only if she takes the dependent route to ILR (i.e.- change from Tier 1 migrant to a dependent of Tier 1 migrant by applying for EC from home country before you apply for ILR).

regards

[fardeens]

Oh I thought once I get my ILR, I am not under tier1 migrant category. I come under the settled person and my wife could apply as my spouse from within UK as spouse of a settled person in UK, which she will get a two year visa.

I was just thinking if we get a tier1 dependant and then will have to apply again for extension in 6 months using FLR(M). Agreed she will qualify 6 months earlier for ILR this way but it might take too long for her to get her visa from India.

I might have got all this wrong. All this is so complicated ï

[geriatrix]

Oh I thought once I get my ILR, I am not under tier1 migrant category. I come under the settled person and my wife could apply as my spouse from within UK as spouse of a settled person in UK, which she will get a two year visa.

To apply for leave to remain (extension of stay) as spouse of settled person, one has to enter UK (before main migrant is granted ILR) in a immigration category meant for spouses/civil partners/unmarried partners of people with temporary leave (i.e.- as dependents).

Your wife is in the UK as a Tier 1 (General) migrant, so from an immigration perspective, she is not your spouse!

regards

[fardeens]

To apply for leave to remain (extension of stay) as spouse of settled person, one has to enter UK (before main migrant is granted ILR) in a immigration category meant for spouses/civil partners/unmarried partners of people with temporary leave (i.e.- as dependents).

Your wife is in the UK as a Tier 1 (General) migrant, so from an immigration perspective, she is not your spouse!

regards

I was just reading this page and it says you can switch into this category from another category if your existing(current) visa was granted for over 6 months. May be my interpretation of this is wrong.

http://www.ukba.homeoffice.gov.uk/partn ... s/#header2

[geriatrix]

I stand corrected .... this might be possible (extending stay as spouse of settled person without first changing to dependent of Tier 1). But do check with UKBA in advance to avoid last minute surprises!

Taking this route would, understandably, delay your wife's eligibility probationary citizenship viz. a viz. if she changes to dependent of Tier 1 now.


regards

[fardeens]

Thank you for your reply. Really appreciate it. May be it will all change by the time it is may next year.

Anyone else has got any experience on this topic?