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Transfer from Tier 1 (G) to spouse visa

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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Skystar1
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Joined: Fri Sep 15, 2017 10:31 pm
Pakistan

Transfer from Tier 1 (G) to spouse visa

Post by Skystar1 » Sun Oct 29, 2017 10:08 pm

Hi,

I have applied ILR through Tier 1 general route. I applied in last year June(2016) but still has not got any decision. Alongwith my application, I also applied my wife’s extension using point based dependent application form. She has been in the UK for last 3 years as she joined me here in UK in NOV 2014.

Now my question. I will complete my ten years in UK on 18Jan2018 so will be eligible to apply under 10 year LR route on 20th December 2017 which I want to do if my application will not be decided till then so first question should I vary my application on to LR route using same day service? Secondly and my main question, if I vary my application in December2017, do I also need to vary my wife’s application or she can still say withinn PB dependant route and wait for decision on her application. Some one told me if I vary my application to LR route, my wife will also get ILR on LR route which will be upon herself spending 10 years in the UK which means potentially another 7 years. As we know if she stays on PB dependant route she will be eligible for ILR after 2 years as she has already spent 3 years as PB dependant. Your help will be appreciated and if I chosen wrong thread, please guide me to the right thread.
Thanks

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: Transfer from Tier 1 (G) to spouse visa

Post by Casa » Mon Oct 30, 2017 9:28 am

If you are granted ILR under the 10 year long residence route your wife will have to apply for a FLR(M) visa. This will reset her immigration clock to zero, putting her on a new 5 year route to settlement....unless she reaches 10 year residence before the end of her 5 year period under FLR(M). She can't remain as a PBS Dependent.

In addition to the visa fee, she will also need to pay the £500 IHS surcharge and meet the A2 level English requirement.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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