Tier 1 Dependent status if a spouse apply for ILR

asifmeg · Post by **asifmeg** » Mon Mar 15, 2010 4:47 pm

I (27 yrs old) and my wife (19 yrs old now) have been living together in UK for the past 6 months under Tier 1 General Migrant. She came to UK as my dependant under Tier 1 General Migrant 6 months ago. Our Tier 1 visa is still valid for next 2 years. I have now successfully completed my 5 years living in the UK under 'Working Category' and am eligible to apply for ILR.

I would like to know if I apply for ILR now what would happen to the immigration status of my wife?

i) Can she get ILR at the same time? or

ii) Can she apply as an spouse of Person settling in UK? or

iii) Can she remain here on Tier 1 depedent status i.e. her last immigration category?

What I understand is that under current immigration rules she is not eligible for ILR at the time of my application, because she has not completed her 2 years living with me in UK (as my Tier 1 dependant) and she is also not eligible to apply as a spouse of person settling in UK due to her young age (as the spouse of a person settling in UK must be atleast of 21 years). Please correct me if I am wrong?

What could be the best course of action for me to get ILR and remain with my wife?

Sushil-ACCA · Post by **Sushil-ACCA** » Tue Mar 16, 2010 9:48 am

asifmeg wrote:I (27 yrs old) and my wife (19 yrs old now) have been living together in UK for the past 6 months under Tier 1 General Migrant. She came to UK as my dependant under Tier 1 General Migrant 6 months ago. Our Tier 1 visa is still valid for next 2 years. I have now successfully completed my 5 years living in the UK under 'Working Category' and am eligible to apply for ILR.

I would like to know if I apply for ILR now what would happen to the immigration status of my wife?

i) Can she get ILR at the same time? or

same time with u

ii) Can she apply as an spouse of Person settling in UK? or

iii) Can she remain here on Tier 1 depedent status i.e. her last immigration category?

What I understand is that under current immigration rules she is not eligible for ILR at the time of my application, because she has not completed her 2 years living with me in UK (as my Tier 1 dependant) and she is also not eligible to apply as a spouse of person settling in UK due to her young age (as the spouse of a person settling in UK must be atleast of 21 years). Please correct me if I am wrong?

What could be the best course of action for me to get ILR and remain with my wife?

asifmeg · Post by **asifmeg** » Tue Mar 16, 2010 9:55 am

Yes at the same time with me.

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Tier 1 Dependent status if a spouse apply for ILR

Tier 1 Dependent status if a spouse apply for ILR

Re: Tier 1 Dependent status if a spouse apply for ILR