ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Shifting to Tier 1 Dependent immediately before ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
pkumar
Member of Standing
Posts: 430
Joined: Sun May 31, 2009 10:56 pm

Shifting to Tier 1 Dependent immediately before ILR

Post by pkumar » Tue Jan 31, 2012 6:33 pm

I am on Tier 1 General visa and my wife has her own Tier 1 general visa.
We been married for 8 years and living together all the while.
We been in UK for 4 years 9 months.

Since my wife is qualifying for ILR first ..
So if my wife is apply for ILR on April 15 and if I go to india and become here dependent on March 15th ... will i be eligible to get ILR along with my wife on April 15th? We have staying in uk together for 4 years (more than 2 years limit) but on dependent visa for only 1 month .... does that qualify me for ILR along with my wife on April 15th?

thewolfman21
Junior Member
Posts: 52
Joined: Wed Dec 21, 2011 3:20 pm

seniors

Post by thewolfman21 » Tue Jan 31, 2012 10:21 pm

Can seniors pls comment on this!

linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Tue Jan 31, 2012 10:46 pm

I don't think so that you would qualify for ILR as you would have spent only 1 month as a dependant of your wife.

Your best bet would be to apply for ILR on your own (as you have also got Tier-1 General visa).

I would advise to apply for ILR on your own as it's quicker than getting it via your wife (as if you become your wife's dependant, you will have to spend two years before becoming eligible for ILR).

Also don't forget the home office is looking to extend the ILR qualifying time from 2 to 5 years for spouse visa in future. So the quickest and safest way for you to get ILR is using your own Tier-1 visa (once you have completed 5 years on it).

pkumar
Member of Standing
Posts: 430
Joined: Sun May 31, 2009 10:56 pm

Post by pkumar » Wed Feb 01, 2012 6:22 pm

But somewhere in the forum I had read it is possible? .....

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

Post by Greenie » Wed Feb 01, 2012 7:55 pm

Linkers is mistaken, the requirements for ILR under 319E as the dependent of a PBS migrant only require that you were last given leave as a PBS dependent and that you have lived together as husband in wife for two years or more, they do not require that you have been a dependent for two years. You must however be applying for ILR at the same time as your wife. It seems a bit risky returning to India to apply for a PBS dependent visa only a month before your wife is due to apply for ILR - what if the application takes longer than this?

linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Wed Feb 01, 2012 10:01 pm

I would agree with you Greenie. Sorry I didn’t interpret the law correctly.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Post by ban.s » Wed Feb 01, 2012 10:29 pm

when do you qualify for ILR in your own right?
don't know your circumstances / reasons behind the dependent route approach but if you have relatively short gap (e.g. couple of months) between your wife's ILR and your own ILR, then it's recommended your go for your own than the dependent application.

Locked