Spouse Visa of Settled Tier 1 (general) British Citizen

[StephanK]

Hi,

I am abit confused about the requirement of getting a spouse visa for a settled Tier 1 (general) visa holder (i.e. nationalised as British Citizen). Looking at the website (https://www.gov.uk/remain-in-uk-family/exceptions), it seems that I am under one of the exception and should apply as a dependent of a Tier 1 holder. Do I understand correctly?

The requirement for Tier 1 dependent seems to be different compared to a proper spouse visa of a born British. Just want to make sure I prepare the document appropriately. Also is it possible to switch to this if I am currently a Tier 2 (ICT) visa holder? Can I make an appointment within the UK? From the gov website, it does look like I can but just want to see if anyone has experience in similar case.

Cheers,
Stephan

[CR001]

If you have not been in the UK as a dependent of a Tier 1 General holder before, the PBS (tier 1) dependent route is not an option for you.

If I understand your post correctly, you have your own Tier 2 ICT correct?

You can switch within the UK to a spouse visa on FLR(M) as long as you meet the English A1 requirements and you/your spouse meet the financial requirements. This will be a new 5 year route (2 x 2.5 year visas) to ILR.

You will also have to pay the IHS Surcharge which is £500 for the first 2.5 year spouse visa.

[StephanK]

Thanks Char.

The confusion is on this page (https://www.gov.uk/remain-in-uk-family/exceptions)

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:

Tier 1 (General) visa

[vinny]

CR001 is correct.

You cannot switch to dependant of Tier 1(General) because 319C(b) fails.