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bhm123 wrote:Hello experts,
I am on Tier 1 Visa (expiring May 2014). I became eligible for ILR in Feb 2013 (because I first entered UK in Feb 2008 on WP and then changed it to Tier 1)
I got married and wife came to UK on her existing Tier 1 visa in Dec 2011. She got tier 1 dependant visa in May 2012 and it is valid till May 2014 (same as mine)
So she will complete 2 years after marriage in December 2013 and during these 2 years she will have 5 months on Tier 1 + 19 Months on Tier 1 dependant.
Query: When will she be eligible to apply for ILR if we both are applying together? I got some conflicting answers
1. She will be eligible after 24 months of cohabitation regardless of which visa she was on. So we both can apply for ILR in Dec 2013
2. She will have to complete 2 years on Tier 1 dependant visa to be eligible for ILR, in which case we can apply in May 2014
Which one above two is correct? Any help of this will be greatly appreciated. Many thanks in advance.
The above rule does not require the time living together as a PBS dep, so long as the PBS dep leave was granted before July 2012, time before such leave can count so long as they were living together as above in the UK.319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
I understand the OP's spouse came to the UK in Dec 2011 in her own right under Tier1 General and switched to Tier1 dependent in May 2012. Hence, I'd have thought the period between Dec 2011 to May 2012 would not count towards her qualifying period (OP please correct me if I am wrong). However, since she got switched to Tier1 Dependent prior to 9 July 2012, her qualifying period is 2 yrs from May 2012.D4109125 wrote:319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
Hi Damanisshallo,Damanisshallo wrote:I understand the OP's spouse came to the UK in Dec 2011 in her own right under Tier1 General and switched to Tier1 dependent in May 2012. Hence, I'd have thought the period between Dec 2011 to May 2012 would not count towards her qualifying period (OP please correct me if I am wrong). However, since she got switched to Tier1 Dependent prior to 9 July 2012, her qualifying period is 2 yrs from May 2012.D4109125 wrote:319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
there will be no issues to her visa, it will stay as it is and will be valid till it get expires - you can apply later - your decisionbhm123 wrote: Just to be on safer side and because I am (main applicant) already eligible, lest say I get my ILR done ASAP then what will happen to the dependant?
Will she be able to continue till her tier 1 dependant visa runs out (May 2014)? By this time she will have completed 2 years on Tier 1 dependant so she can apply for ILR dependant.
OR her Tier 1 dependant visa will be invalid because main applicant moved from Tier 1 to ILR?
Please suggest.