Tier 1 dependant ILR after my husband gets his UK citizenship

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

I am currently on Tier 1 dependent visa valid till May 2020. I am eligible to apply for ILR in April 2019. My husband has now become a UK citizen.
While preparing his documents an immigration advisor at our local council hall through which he applied for his citizenship said that since he will become a UK citizen - I, as his Tier 1 depended, will be eligible to apply for UK citizenship right away in April without applying for ILR.

I was trying to find more information, however became even more confused as some adviced that i would havr to switch to family visa.

was granted Tier 1 dependent visa on my 1st entry to UK and a 3 year extension given later when my husband was holding a ILR. My husband got his U citizenship via completing 5 year route point based Tier 1 General. He was 2 years earlier in the UK than I.

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

I am currently on Tier 1 dependent visa valid till May 2020. I am eligible to apply for ILR in April 2019. My husband has now become a UK citizen.
While preparing his documents an immigration advisor at our local council hall through which he applied for his citizenship said that since he will become a UK citizen - I, as his Tier 1 depended, will be eligible to apply for UK citizenship right away in April without applying for ILR.

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

I was trying to find more information, however became even more confused as some adviced that i would havr to switch to family visa.

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

was granted Tier 1 dependent visa on my 1st entry to UK and a 3 year extension given later when my husband was holding a ILR. My husband got his U citizenship via completing 5 year route point based Tier 1 General. He was 2 years earlier in the UK than I.

Tat2505 wrote: ↑

Mon Nov 19, 2018 8:27 pm

nk you very much for your advice.
Do you think there won’t be any problem coming into UK from traveling with Tier 1 dependant while my husband wil be already British Citizen?

Tat2505 wrote: ↑

Tue Nov 20, 2018 3:05 pm

Hello,

I completed my consecutive 5 years and up until recently I was under my Indefinite Leave to Remain “ILR”. I just received notice that I have been granted a British citizenship and I will be attending the ceremony to take oath to the Crown in December. I originally came to the UK under a tier 1 General visa.

My question is about my wife, who is in the UK with me and will have had completed her consecutive 5 years timeline in the UK in April of 2019 ( next year). She is in the UK as my spouse and here originally under my tier 1 visa. She is a Russian national.

Our understanding is that in April when she will be eligible to apply for ILR, as soon as she gets it - she can then apply to a British citizenship right away without waiting 1 year. Correct?

Our main concern is - can she keep her current visa ( Tier 1 Dependant ) until April while she finishes her 5 year timeline while I will become British Citizen in a few weeks? We came across information that as soon as I will become British Citizen Tatyana will need to switch her visa to a Family visa which will erase her 5 year timeline?
If this is the case can I postpone getting British Citizenship (and British passport) until April?

Lastly, she is able to travel outside of the UK and return without any problems between now and April, correct?

Thanks in advance for your help on this.

Tat2505 wrote: ↑

Tue Nov 20, 2018 3:33 pm

Thank you. But can she keep her Tier 1 or she needs to switch to Family Spouse Visa?

Many many thanks

vinny wrote: ↑

Fri Nov 16, 2018 6:53 am

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

I was trying to find more information, however became even more confused as some adviced that i would havr to switch to family visa.

Possible, but not preferable.

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

was granted Tier 1 dependent visa on my 1st entry to UK and a 3 year extension given later when my husband was holding a ILR. My husband got his U citizenship via completing 5 year route point based Tier 1 General. He was 2 years earlier in the UK than I.

Extend, if and when necessary. Apply for ILR as a PBS dependant when eligible under 319E.

marcnath wrote: ↑

Fri Nov 16, 2018 6:47 am

Tat2505 wrote: ↑

Fri Nov 16, 2018 5:32 am

I am currently on Tier 1 dependent visa valid till May 2020. I am eligible to apply for ILR in April 2019. My husband has now become a UK citizen.
While preparing his documents an immigration advisor at our local council hall through which he applied for his citizenship said that since he will become a UK citizen - I, as his Tier 1 depended, will be eligible to apply for UK citizenship right away in April without applying for ILR.

I was trying to find more information, however became even more confused as some adviced that i would havr to switch to family visa.

was granted Tier 1 dependent visa on my 1st entry to UK and a 3 year extension given later when my husband was holding a ILR. My husband got his U citizenship via completing 5 year route point based Tier 1 General. He was 2 years earlier in the UK than I.

First and most important, do not switch your visa. Assuming you are from outside the EEA, it will just reset your ILR clock.

Tat2505 wrote: ↑

Tue Nov 20, 2018 3:33 pm

Thank you. But can she keep her Tier 1 or she needs to switch to Family Spouse Visa?

Many many thanks

I still read it as Tier 1 Dependant will have to switch to FM visa as soon as Tier 1 sponsor gets his citizenship?

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant: or
(2) as 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; or
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant and where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant, or
(2) as 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.

Period and conditions of grant
(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant, or (ii) If the Relevant Points-Based System Migrant has indefinite leave to remain as a Relevant Points Based System Migrant, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or where the Relevant Points-Based System Migrant has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

Tat2505 wrote: ↑

Wed Nov 21, 2018 8:46 am

I am so sorry.

I just received a reply from an immigration solicitor saying:

Your time counting towards ILR will start over sadly, you will need to spend 5 years on the Spousal visa.

But strictly speaking and technically you would be considered an illegal migrant, unless you switch to the spouse category ASAP.

You should not be holding a dependent visa when the main visa holder ceased to exist. Your only chance to regularize your immigration status is to switch to the Spousal visa. The rules will allow that, but they will not allow you to apply for ILR when the main visa holder does not exist.


I am very confused as I get totally different answers..