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Tier 1 or dependant visa – which is better?

Posted: Mon Jan 02, 2012 12:31 am
by Marcus79
My wife is a non-EU citizen on a Tier 1 visa expiring February 2012, I am a British citizen. We have been married for 6 months, and previously lived together with a joint account for over 3 years. We are unsure whether she should apply for Tier 1 extension, dependant visa or are there other better options? Which visa would be the quickest/most affordable route to getting indefinite leave to remain?

My wife's immigration status:
2009-2012: 3 years Tier 1 general visa (expires Feb 2012)
2007-2009: 2 years resident permit (limited leave to remain)
2004-2007: 3 years student visa

I believe her 2 year resident permit is not counted towards the years required for indefinite leave to remain as it was granted to complete essential work-related training.

Thank you for any help/comments.

Posted: Mon Jan 02, 2012 9:22 am
by Lucapooka
After she extends her Tier 1 in Feb she will be eligible for ILR in two years. If she switches into leave as your spouse she will be eligible for ILR in two years from the time she switches.

The timings for both routes are about the same so she can choose to stick or twist but I think that, assuming the relationship does not end, switching is the best option as this will remove the burden of points-scoring for ILR under Tier 1.

Posted: Mon Jan 02, 2012 12:43 pm
by Marcus79
Thanks Lucapooka! That's very helpful - we'll be going for the depedant visa then.

Posted: Tue Jan 03, 2012 11:57 am
by linkers
I would agree with Lucapooka. Dependant visa is definitely a better and more secure option as HO keeps on making PBS ILR tougher and tougher.