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Query on changing visa category from Tier1 to ILR dependent

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horizon123
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Query on changing visa category from Tier1 to ILR dependent

Post by horizon123 » Mon Oct 31, 2011 8:52 pm

Hello,

Background -
I came to UK on UK Tier 2 visa in Sep 2007. When we got married in Dec 2008, my husband was on HSMP while I was still on Tier 2. Due to some reasons, we made a decision for me to get a Tier 1 rather than get a dependent visa. So I got my Tier 1 visa in April 2009. My husband got his ILR in Jan 2010. He is now due for British citizenship.

Question 1 - Should I apply for dependent visa on his ILR or shall I apply for dependent visa after my husband gets BC? Which will be a better way to go?
Question 2 - Can I apply for dependent visa while I am still in UK? Or do I need to go outside UK and then apply for dependent visa from there?

Your guidance is much appreciated. Thanks.
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geriatrix
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Post by geriatrix » Tue Nov 01, 2011 9:44 am

Assuming the Tier 1 you refer to is Tier 1 (General), then:

Given the timelines, you should be eligible for settlement as a Tier 1 (General) migrant in September 2012.

If you switch to leave as spouse of a settled person / British citizen (which you can), the earliest you may be eligible for settlement will be 2 years from the date you are granted such leave.
Life isn't fair, but you can be!
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horizon123
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Post by horizon123 » Tue Nov 01, 2011 10:58 am

[quote="sushdmehta"]Assuming the Tier 1 you refer to is Tier 1 (General), then:

Given the timelines, you should be eligible for settlement as a Tier 1 (General) migrant in September 2012.

If you switch to leave as spouse of a settled person / British citizen (which you can), the earliest you may be eligible for settlement will be 2 years from the date you are granted such leave.[/quote]

Thanks for your response. From Sep 2007 till date, I have been away from UK for nearly 6 months. Not continuously for 6 months but I made number of trips back home. I think it will be a problem to get ILR...is it right?

Also, please can you guide me if I will be able to apply for dependent visa from within UK?
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geriatrix
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Post by geriatrix » Tue Nov 01, 2011 11:11 am

horizon123 wrote:Thanks for your response. From Sep 2007 till date, I have been away from UK for nearly 6 months. Not continuously for 6 months but I made number of trips back home. I think it will be a problem to get ILR...is it right?
See FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.
horizon123 wrote:Also, please can you guide me if I will be able to apply for dependent visa from within UK?
FLR(M)
Life isn't fair, but you can be!
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