English requirement for ILR for a Tier1 holder(as dependent)

Hello everyone,

I am new to this forum and I have a few questions regarding settlement (ILR) as a dependant.

Basic situation is:
My boyfriend and I both have Tier1 visa(also both working in UK) at the moment but I only have a little bit over 3 years under HSMP and Tier1 while my boyfriend will have 5 years under work permit and Tier1 next year. So he should be able to apply settlement next year. We have lived together for almost two and half years in UK already.

My questions are:
1> Is there a different between a settlement visa itself if I apply myself when I work under HSMP and Tier1 for a full 5 year and a dependant settlement visa?

2> If I decide to apply as a dependant of my boyfriend for the settlement next year, do I still need to have a English language certificate of A1 level even if I have already have a tier1 visa and working here in the UK?

Many thanks for all of you who willing to help answering my silly questions.

Regards,

Soul

At the moment, both of you are PBS migrants in your own right and neither of you is "dependant" of the other. Hence not eligible to apply for settlement as a dependant (319E(d)).

Dependants (spouse/partner/child) cannot apply for settlement as a dependant(s) unless the dependants (spouse/partner/child) are in the UK with leave to enter / remain as dependant(s) of the main PBS migrant (eligible / applying for settlement).


regards

Dear sushdmehta,

Thanks for your quick reply! Really appreciated it!

Can I work around this situation by just one of the following ways:

1> If I switch to a dependant visa of my boyfriend before he applies settlement.
In this way we won't have two years under a dependent visa, but we would actually live together in UK for over 2 years. Would it be ok for me to apply settlement with him at the same time (by the time of application I would have a dependent visa of his Tier1 visa) in this way?

2> I simply don't apply with him at the same time, I apply settlement later.
In this way, I would wait for his settlement to complete, then can I apply as a dependent ( by that time I would still be holding my own Tier1 visa) ?

If any one of the methods above would work, could you please answer my further questions below:
<1> Is there a different between a settlement visa itself if I apply myself when I work under HSMP and Tier1 for a full 5 year and a dependant settlement visa?

<2> If I decide to apply as a dependant of my boyfriend for the settlement next year, do I still need to have a English language certificate of A1 level even if I have already have a tier1 visa and working here in the UK?

<3> Do I still need to take the ‘Life in the UK test’ myself as a dependant (regardless I am having a dependant PBS visa or have my own Tier1 visa) or just my boyfriend needs to take it?

Many thanks for answering my silly questions.

Regards,
Soul

1. You cannot switch. But if you obtain entry clearance as your partner's dependant before he applies for settlement, then you may apply for ILR together with him. English language requirement for partners is not for applicable to PBS dependants.
2. After your partner has received ILR, you may switch to partner of settled person. In this case you'll need to meet the English language requirement for partners.
3. If you follow the route as mentioned in point (2) above, you may be eligible to apply for settlement as the partner of settled person after living in the UK for (further) 2 years .
4. Explained in points (1 and 2) above.
5. KOL required (each applicant).

Dear sushdmehta,
Again thanks for your quick and informative reply !

Does this mean if I decide go for the route that you have mentioned in point(2), I will have do a probationary period of 2 years (successful result of partner of settled person) before I may apply for ILR, which means as a dependant , I cannot apply ILR directly in my current status ?

So what choices do I have now ?
1> Get our of UK, get cleanance again as his dependant before his ILR application, then apply as a dependant of his ILR directly along with him.

2> Go route two, I need two more year before I can apply real ILR.

3> Working here for almost another 2 years so I worked here for 5 full years, then apply ILR myself.

Which one you think is most feasible ?

Many thanks
Soul

SoulTrust wrote:Does this mean if I decide go for the route that you have mentioned in point(2), I will have do a probationary period of 2 years (successful result of partner of settled person) before I may apply for ILR, which means as a dependant , I cannot apply ILR directly in my current status ?

Yes.

Any route that complies with the immigration rules is feasible. What may be the quickest way to settlement is dependant on your personal circumstances.


regards

You are quite right, thanks for all your suggestion sushdmehta !
Regards,
Soul

sushdmehta wrote:

SoulTrust wrote:Does this mean if I decide go for the route that you have mentioned in point(2), I will have do a probationary period of 2 years (successful result of partner of settled person) before I may apply for ILR, which means as a dependant , I cannot apply ILR directly in my current status ?

Yes.

Any route that complies with the immigration rules is feasible. What may be the quickest way to settlement is dependant on your personal circumstances.


regards