I'm on Tier-1 (General), Wife is UK Citizen by Descent

[PK245]

Hi,

I need some advice on my case. I believe it is unique so please be patient as I will try to give all the details available for clearer understanding. Answers to my specific questions will be highly appreciated.

Background:

Currently both myself and my wife are legally present in the UK.

I married my wife in Pakistan 2yrs and 8 months ago and we have been living together since. We have lived together as a married couple in Pakistan for 2 years (2008-2010) and in UK for a little over 6 months now (Since November 2010) without a gap of more than 3 weeks in between.

My wife:

- Is a British Citizen by descent (and a Pakistani Citizen by birth)
- She has never visited or lived in the UK prior to this current stay
- The first time she has entered this country (on her British Passport) was in November 2010 and has been living here since (for a little over 6 months)

Myself:

- I am a Pakistani Citizen
- I was granted Tier-1 (General Migrant) Visa in Pakistan in August 2010
- This is valid for 2 years and expires in August 2012 after which it can be renewed for 3 more years
- I entered the UK in October 2010 and have been living here (without absence from country) since then (a little over 7 months).

Both:
- We have been living together - with family from November 2010 to February 2011
- We have been living together by ourselves in a rented 2 bedroom flat (with both a joint tenants in the contract) since March 2011 (3 months)
- I have held a full time job since March 2011 (3 months) and am paying income tax, NI contribution and council tax as well.
- My wife has not worked ever since coming here
- We have all utility bills in both of our names
- We have separate bank accounts

Questions:

1) I am eligible to apply for ILR from within UK and switch over from Tier-1 to ILR on basis of my spouse as sponsor?
2) If so, will the transition happen without me having to leave the country and re-enter?
3) If there any issue with my wife being a citizen by descent, not having lived in the UK before and having lived here for only 6 months? Can she still sponsor me?
4) Do I need to provide proof of living together in Pakistan? (If so, what type of proof to provide? Will a joint bank account (Opened right after our marriage) work?
5) Will our Pakistani marriage certificate (original - in English language) be enough as proof of marriage or do I need: The same certified by Pakistani Embassy in the UK? A civil marriage registered in the UK?
6) As proof of living together in the UK (between November 2010 and March 2011), will signed letters from family and family friends (as hosts to us) suffice?
7) A 2 bedroom flat in both our names (as tenants) and with utility bills in both out names suffices the accommodation availability requirements on my wife's part as sponsor?
8.) As our combined source of earning is my income from my current job only, can it be used by my wife as her source of income (considering we are living together and my income is supporting both of us)?
9) If so, how much minimum income do I have to show?
10) If so, do we need to show proof of: I transferring funds (how much) into her bank account every month? Maintaining funds in a joint account?
11) When is a decent time to apply considering we have been living here for 6-7 months but been earning only for past 3 months.

12) Adding to all of the above, very recently we had a child born in the UK. Does this affect my case in any way? (as in need to show extra income to support all 3 of us etc.?)

Please also point out any other aspect in this specific case that I have overlooked. Will appreciate your help.

[geriatrix]

1. The earliest you may become eligible for settlement as a Tier 1 (General) migrant is 2015. If you wish to take the family route to settlement on the basis of marriage to a British citizen then you may switch to FLR(M) and then apply for settlement as and when you become eligible (under current rules, 2 years from the day you are issued FLR(M) leave).
2. Yes.
3. No. Yes.
4. Not required.
5. Yes and no.
6. Not required.
7. Yes.
8. Your income is only yours, not your wife's.
9. You should be okay as long as you can prove that there is enough funds to maintain the family without recourse to public funds.
10. No.
11. Anytime, when you fulfil the requirements, is a decent time.