ILR for dependant (Wife)

[jkmuk]

Hello Everyone
I had searched the forum but was not able to find an answer to my specific query and hence have opened this thread. Apologies if this is a repeat.

I am on ILR in the UK and my wife was here initially on a work permit which then got converted to a Tier 2 Intra Company tansfer (before 6th April 2010).

Come Sep. 2010 we will complete two years in marriage and will have stayed in the UK for that time. Give this scenario can I apply for ILR for my wife using SET(M), this is assuming that she passes the Life in the UK test ? Or should I have to convert her to a dependant visa first by a FLR and then wait another two years before I can submit the SET(M) applicaiton?

My wife has been in the Uk for three years now and her current Tier2 ICT expires in Jan 2012, four months short of the five years required to be eligible to apply for ILR using the 5 year rule on WP & Tier 2 ICT before 6th April 2010.

Please let me know if there is a route to ILR in the current state given that we are married and living together for two years though not using a dependant/spouse Visa.

[shs213]

Hello Everyone
I had searched the forum but was not able to find an answer to my specific query and hence have opened this thread. Apologies if this is a repeat.

I am on ILR in the UK and my wife was here initially on a work permit which then got converted to a Tier 2 Intra Company tansfer (before 6th April 2010).

Come Sep. 2010 we will complete two years in marriage and will have stayed in the UK for that time. Give this scenario can I apply for ILR for my wife using SET(M), this is assuming that she passes the Life in the UK test ? Or should I have to convert her to a dependant visa first by a FLR and then wait another two years before I can submit the SET(M) applicaiton?

My wife has been in the Uk for three years now and her current Tier2 ICT expires in Jan 2012, four months short of the five years required to be eligible to apply for ILR using the 5 year rule on WP & Tier 2 ICT before 6th April 2010.

Please let me know if there is a route to ILR in the current state given that we are married and living together for two years though not using a dependant/spouse Visa.

As she's not your dependant - you cannot apply for ILR on the grounds of marriage...

given that she will not reach 5 years on her WP, you will have to apply spouce visa for her [for 2 years] then apply for ILR... but she will fall in to the new probabtion citizenship rules by that time....

[jkmuk]

Thanks shs213.

On a different note I will qualify to be naturalized as a british citizen this August and assuming that I apply and successfully obtain british citizenship, can my wife then apply for naturalization as a wife of British citizen?

I understnad from UKBA website that the rules for that are as below
QUOTE
There are seven requirements you need to meet before you apply:

you are aged 18 or over; and
you are of sound mind; and
you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
you have sufficient knowledge of life in the United Kingdom; and
you are of good character; and
you are the husband, wife or civil partner of a British citizen; and
you meet the residential requirements; or
your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.
Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
have not been in breach of the immigration rules at any stage during the three-year period.
UNQUOTE

It does not state that the three year residential period should be in marriage but just being physically present in the UK. Is this assumption right?

[shs213]

Thanks shs213.

On a different note I will qualify to be naturalized as a british citizen this August and assuming that I apply and successfully obtain british citizenship, can my wife then apply for naturalization as a wife of British citizen?

I understnad from UKBA website that the rules for that are as below
QUOTE
There are seven requirements you need to meet before you apply:

you are aged 18 or over; and
you are of sound mind; and
you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
you have sufficient knowledge of life in the United Kingdom; and
you are of good character; and
you are the husband, wife or civil partner of a British citizen; and
you meet the residential requirements; or
your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.
Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
have not been in breach of the immigration rules at any stage during the three-year period.
UNQUOTE

It does not state that the three year residential period should be in marriage but just being physically present in the UK. Is this assumption right?

OK, the above rule applies to you as your in ILR - so you should have been in the UK for three yrs etc...

But your wife is not qualified to apply for citizenship like you, she's still on a WP and needs to spend 12 months on ILR before qualifiying to apply for naturalisation....

someone on WP doesnt qualify to apply for naturalisation, therefore the above dont apply to your wife...

let's say, you get your citizenship and then decide to add your wife as dependant, still she will be given a 2 yr visa and be routed to probabtionary citizenship rules from July 2011....

this is my view, wait for seniors to confirm...

[jkmuk]

Hmmm, I have checked UKBA website again and it does say that there is no need to get an ILR if married to British Citizen. It all appears a bit too good to be true. I do not want to loose the application fee by wrongly applying for citizenship. Any one else with experience on this issue?