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Settlement in UK (from Tier 1 to Settlement)

General UK immigration & work permits; don't post job search or family related topics!

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chiki
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Posts: 2
Joined: Fri Jan 06, 2012 12:32 pm

Settlement in UK (from Tier 1 to Settlement)

Post by chiki » Fri Jan 06, 2012 12:47 pm

Hello,
My husband is working in London on a Tier 1 work-visa. I am working on an independent Tier 1 work-visa.
He is applying for renewal of Tier 1 in 2012. In 2013, he will finish 5 years on a work-visa in UK and thus, will be eligible for settlement.

Question: Should I apply as his dependent when he renews the Tier 1 visa in 2012? Or should I keep my visa independent than his?
Joint application will save us application fee for £100 or so. However, my only criteria for decision is whatever is best suited for settlement.

Ideally, I would like to keep my visa independent of my husband's and once he obtains settlement, I can apply for settlement as his dependent. Would that be okay?

Question: In terms of settlement, is there any rule that husband and wife should have same visa / dependent visa prior to application? e.g. Spouse must have the same visa as the applicant for at least 1 year prior to application?

Many thanks!
[/u]

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Jan 06, 2012 12:51 pm

1. You cannot switch to Tier 1 dependent from Tier 1 from within the UK, you would have to apply for entry clearance.

2. You need to complete two years as your husband's dependent before qualifying for settlement (a combination or Tier 1 dependent + spouse of settled person is permitted).

chiki
Newly Registered
Posts: 2
Joined: Fri Jan 06, 2012 12:32 pm

Post by chiki » Fri Jan 06, 2012 1:34 pm

Many thanks for prompt reply.

In your opinion, what is the best (quickest, cheapest) way for my husband and I to get settlement in UK? Preferably at the same time?

Husband:
Entered to UK on work visa: Aug 2008
Started working on Tier 1 visa: Mar 2009
Applies for 2nd extension (2-years) for Tier 1: March 2012
Completes 5-years on work visa in UK and thus becomes eligible for settlement: Aug 2013

Wife (me):
Got Tier 1 visa (2-years): Aug 2010
Entered UK: Nov 2010
Tier 1 expires / needs to be renewed: Aug 2012

Shall I continue being on Tier 1 or shall I change to my husband's dependent visa at any point? And how? (you mentioned I need to apply as his dependent from a location outside of UK?)

I am highly appreciative of your guidance!!
Thanks.

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