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ILR: Dependent less than 2 years in the UK

Posted: Mon Feb 21, 2011 7:47 pm
by sojan
Friends,

I've seen various flavors of this query, but still like to have confirmation due to individual circumstances

I'll complete 5 years in 2012 June. But my wife will complete 2 years only in October 2012.
Currently I'm in Tier1 and my wife is dependent. We have T1 extension till Feb2013.

Queries
1. If I apply for ILR, can my wife still use the current Tier1 dependent? (or is it mandatory for her to be ILR dependent ?)
2. Hope dependent can also go for ILR 28 days early?
3. How early can we take the life in UK test? Can we do it this year or is there any validity for this certificate?
4. Is there a minimum period of stay in the UK before we can write the life in the UK test?

Posted: Tue Feb 22, 2011 10:35 am
by rajathwp
1. If I apply for ILR, can my wife still use the current Tier1 dependent? (or is it mandatory for her to be ILR dependent ?)
Answer- She can stay as Tier 1 dependant provided she has valid dependant visa or she has to extend.

2. Hope dependent can also go for ILR 28 days early?
Answer - Yes
3. How early can we take the life in UK test? Can we do it this year or is there any validity for this certificate?
Answer- Any time though no rule but people prefer to give the exam approx 6 months ( at earliest ) before their ILR is due. No validity ..
4. Is there a minimum period of stay in the UK before we can write the life in the UK test?
Answer- Why would anyone pay money if he/she is not intending to go for ILR/BC so people do when they know they will go for ILR/BC and which is ideally few months before ILR.

Posted: Tue Feb 22, 2011 12:18 pm
by geriatrix
See also Switch wife's dependent visa to spouse ?

Also, if your wife intends to travel outside UK after you are granted settlement, she should either apply for leave to remain as spouse of settled person before travelling or apply for entry clearance before re-entering UK (change of circumstances, e.g. - 321A(1)).


regards

Posted: Thu Feb 24, 2011 12:01 am
by sojan
rajathwp wrote:1. If I apply for ILR, can my wife still use the current Tier1 dependent? (or is it mandatory for her to be ILR dependent ?)
Answer- She can stay as Tier 1 dependant provided she has valid dependant visa or she has to extend.
Thank you Rajathwp and Sushdmehta. great help.

So can i say :
a. During the transition period, where I apply ILR and the wife is still Tier1 Dependent , she can't travel outside the UK. (until apply for separate visa)
b. If she is within the UK, she can still use the Tier1 Dependent visa (eventhough Tier1 main applicant's has changed to ILR).