ILR for spouse and route to citizenship

Hi,

I am on the old system work permit, and will be applying for ILR at the end of this month (form Set O). My husband, who is on a Tier 1 visa, has got another 1+ years to go before he can apply for ILR in his own right. We were thinking of putting him down as a dependent on my ILR application so that we can both apply for citizenship in a years' time, but have been told by a friend that as my spouse, this would put him on a spouse visa for 2 years before he would be eligible for ILR, and another year after that before getting citizenship.

Is this true? If so, it would mean that we'd be paying for 2 sets of ILR application fees, and only making my ILR application more expensive... we would not want to do that.

I can't seem to find anything on the forms or HMRC that suggests that this is true, but am now worried as it is a lot of money to fork out if I don't have to.

Hope somebody has some knowledge of this!

Regards,

M

If he obtains entry clearance as your work permit dependant, then he may be included with your subsequent ILR application.

Unfortunately, he would require at least two years as your dependant if he switches after you are granted ILR.

Thanks for the quick reply, Vinny. Checked the link... he is already in the country and has clearance to be here in his own right (different visa). We're just wondering if applying as my dependent when I apply for ILR means that he also gets ILR...

vinny wrote:If he obtains entry clearance as your work permit dependant, then he may be included with your subsequent ILR application.

Unfortunately, he would require two years as your dependant if he switches after you are granted ILR.

Because he is not in UK as your "dependant", he cannot be included in your settlement application as a "dependant".

Vinny has already explained how he can become your dependant to enable him to apply for settlement at the same time as you.

Definitely appreciate the explanations from both of you - just trying to understand all the fine print!

Looking at the FAQ pages, I came across this:
Q - Does my spouse qualify with me for ILR?
A - For old style WP holders and HSMP migrants covered by HSMP JRs, all (adult) dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196E). For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" but the applicant must be in UK as a "dependant" at the time of settlement application.

(http://www.immigrationboards.com/viewtopic.php?t=79378)

Is this not the same as my situation? (Old style WP holder). I guess what you're saying is that he is not *currently* my dependent..?

Cheers!

M

sushdmehta wrote:Because he is not in UK as your "dependant", he cannot be included in your settlement application as a "dependant".

Vinny has already explained how he can become your dependant to enable him to apply for settlement at the same time as you.

mars80 wrote: I guess what you're saying is that he is not *currently* my dependent..?

Correct.