Switching from Tier 1 Dependent to ILR dependent

Hi,

I recently got my ILR in Mar-15. before that i was on tier 1 general and my wife was on tier 1 general dependent visa which will expire in August this year. I was under the impression that I only need to apply for her extension as a spouse before her visa expires. a friend of mine has now told me that I needed to switch her visa category from tier 1 dependent to spouse visa before travelling outside UK as they will not allow her back as Tier 1 General dependent since I am on ILR now. does that mean I will have to apply for her extension from here before she travels back?

can someone kindly advise please?

Did you get ILR based on 5 years residence on Tier 1?

If yes to the above question, your wife can stay as a Tier 1 Dependent and continue to extend her visa until she meets the residence requirement for ILR. There is no need to switch to FLR(M) unless you applied for ILR based on 10 years long residence.

What are the start and expiry dates of all her Tier 1 Dependent visas?

When did she arrive in the UK?

CR001 wrote:Did you get ILR based on 5 years residence on Tier 1?

If yes to the above question, your wife can stay as a Tier 1 Dependent and continue to extend her visa until she meets the residence requirement for ILR. There is no need to switch to FLR(M) unless you applied for ILR based on 10 years long residence.

What are the start and expiry dates of all her Tier 1 Dependent visas?

When did she arrive in the UK?

Thank you for your response.

Even though I was on Tier 1 general, I got my ILR on 10 year route.

she initially got the entry clearance in April 2013, got the tier 1 general extension in Aug 2013 from 5th Aug 2013 to 5th Aug 2015.

I was planning to apply for her visa extension before expiry. not the current situation is that we are both outside UK on holiday and I am wondering if she will be allowed back as Tier 1 dependent and then allowed to apply for extension? or would she now have to apply from extension here or is it going to be a new process altogether? I am confused...

1. You cannot apply for an extension from outside the UK. Applications abroad are entry clearance, not extensions. She also cannot apply as a Tier 1 Dep. The rules changed in April 2014 for PBS dependents of 10 year LR applicants.

2. It is risky, she might face questioning on returning to the UK, she might not. Depends on the immigration official.

She should have switched to FLR(M) once you got ILR and before traveling out of the UK. When she switches/applies, this will be a new 5 year route to ILR on FLR(M) - 2 X 2.5 year visas - before she can apply for ILR. The time she has already spent in the UK cannot be counted towards this new 5 year requirement.

She will also have to pay the IHS Surcharge of £500 before she applies for her first 2.5 year FLR(M) visa.

CR001 wrote:1. You cannot apply for an extension from outside the UK. Applications abroad are entry clearance, not extensions. She also cannot apply as a Tier 1 Dep. The rules changed in April 2014 for PBS dependents of 10 year LR applicants.

2. It is risky, she might face questioning on returning to the UK, she might not. Depends on the immigration official.

She should have switched to FLR(M) once you got ILR and before traveling out of the UK. When she switches/applies, this will be a new 5 year route to ILR on FLR(M) - 2 X 2.5 year visas - before she can apply for ILR. The time she has already spent in the UK cannot be counted towards this new 5 year requirement.

She will also have to pay the IHS Surcharge of £500 before she applies for her first 2.5 year FLR(M) visa.

Let's say if she is allowed back in- would there be any complication when we switch to FLR from within UK before her visa expires? is it a requirement to switch without any exceptions before travelling abroad or recommended approach? can we say she is back to switch to FLR before her visa expires in August?

If she re-enters without any problems, she should switch, provided you meet all the requirements, to FLR(M) as soon as she can before her visa expires and should not have any problems with the application.

If she is not asked any questions, don't volunteer the information. If asked, then I suppose you can say you are booking a FLR(M) in person appointment.

CR001 wrote:If she re-enters without any problems, she should switch, provided you meet all the requirements, to FLR(M) as soon as she can before her visa expires and should not have any problems with the application.

If she is not asked any questions, don't volunteer the information. If asked, then I suppose you can say you are booking a FLR(M) in person appointment.

I suppose questions will be asked of her if she sees the same immigration office as me, as they would notice that I have ILR and she is still on tier 1 dependent, whereas if she sees another person separately she might not be asked too many questions? I have read in another forum that some other couple had the same issue and border control warned them to switch ASAP! but as you said it depends on the immigration officer.

having said that I might not take a chance if it's too risky or not allowed at all. I presume in anycase her 5 year period will restart regardless of whether she applies within UK or outside UK? and the same for IHC surcharge

I presume in anycase her 5 year period will restart regardless of whether she applies within UK or outside UK? and the same for IHC surcharge

Correct yes.

Her visa is linked to your previous status, it would likely show up on the system anyway.

border control warned them to switch ASAP

Yes, I have heard of this too, so perhaps your wife will be ok/lucky.