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When to switch spouse's visa to dependent

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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asdfghjkl
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When to switch spouse's visa to dependent

Post by asdfghjkl » Sat Apr 25, 2015 10:10 am

Hi

I am on a tier 1 g visa and will be eligible for ilr in April 2016. I got married after my last visa extension in April 2013. Since my wife was already in UK on her own tier 1 g visa and her company was paying to get her visa extended in June 2013, we didn't apply for her to be a dependent on my visa. She will complete 5 years in this category in June 2016.
However she is planning to quit her job so she won't be able to get ilr on the basis of her tier 1 g visa. I have to make her as my dependent on my visa but am not sure if I should do this before or after I get my Ilr? And when will she then become eligible for Ilr?

Thanks in advance

Chandan

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CR001
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Re: When to switch spouse's visa to dependent

Post by CR001 » Sat Apr 25, 2015 10:37 am

If she switches to a Tier 1 dependent visa, she will have to wait another 5 years from visa issue date before she will qualify for ILR. She would be able to keep extending as PBS dependent until she meets the 5 year requirement (as the rules stand at this time).

If you choose to do this, she should switch before you get ILR as once you get ILR, she will need to apply on FLR(M), which is also a 5 year route to ILR.

As far as I am aware, Tier 1 is not employer sponsored and she can seek alternative employment and remain on her visa. Perhaps one of the other mods or gurus can confirm.
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O_Relly
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Re: When to switch spouse's visa to dependent

Post by O_Relly » Sat Apr 25, 2015 1:50 pm

Yes re-iterating what CR001 has already said, switching to the dependent route will reset her ILR counter and she will have to wait 5 years to be eligible for an ILR.

If you switch her before your ILR be aware her dependent visa will only be valid until your current visa validity, and she will have to go for an extension on the same day you apply for ILR.

Also if she takes the FLR(M) route, ie., apply as a dependet after you get your ILR, there is a minimum financial requirement to be satisfied of £18600 in addition to the English language requirement.

Interesting that her company was paying to extend her Tier 1 visa, as it is not tied to a single employer and she has the freedom to move.

Best option is stay put with her current employer atleast until she has enough earnings to meet the salary criteria or move to another employer. Good luck.
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asdfghjkl
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Re: When to switch spouse's visa to dependent

Post by asdfghjkl » Sat Apr 25, 2015 3:50 pm

Thank you both for your replies

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