de penent ILR route

[Rak39]

Hello forum members

I am on ILR via long residence. My question is relating to my wife. she has been my dependant
from 2011 but from July 2012 she is a resident in UK and working here and later
to switched to Tier 2 General for more than an year now, so shes been here as a resident more than 3 years now.

*whats the best route for her ILR or should she wait another 4 years to apply 5 years ILR route ?

*If I apply for british citienship next year, can she apply the same along with me ?

I would really appreciate if someone could help me whats the best solution here..ILR or citizenship I mean if shes eligible for either according to the current rules.

thanks again for your time.

[CR001]

*whats the best route for her ILR or should she wait another 4 years to apply 5 years ILR route ?
Please clarify, is she on her own Tier 2 General visa sponsored by her employer?

*If I apply for british citienship next year, can she apply the same along with me ?
No

If she is on her own Tier 2 General visa, she will need to complete 5 years in that category and meet all the requirements to qualify for ILR.

There is no shortcut route for her.

[Rak39]

Thank you for your reply Cr001

Yes, shes on her own T2G visa sponsored by employer.

I read about 2 year route if the visa been stamped before july 2012. so was clarifying if there is a shortcut. So technically me being on ILR doesnt help her to get ILR on ANY basis ?

* I understand the 5 year route to get ILR. what is she switches to be my dependent now ? any good ?

* so once i become a citizen, what are her options ?

*Does switching to any other visa category help ?

* what would you recommend under the current rules as am trying to understand the best scenario for her to get ILR.

thanks again

[CR001]

I read about 2 year route if the visa been stamped before july 2012. so was clarifying if there is a shortcut. So technically me being on ILR doesnt help her to get ILR on ANY basis ? No, you ILR status doesn't help her at all. The 2 year route also would not have applied if she had remained as your dependent because you applied for ILR based on long residence and she would have had to switch to FLR(M) anyway. There is no two year route anymore, all routes are now 5 years. The 2 year route would only have applied to her if she had remained as your dependent and if you had applied for ILR based on 5 years residence (Tier 1/2 etc). Her applying for her own Tier 2 visa reset her clock to zero.

* I understand the 5 year route to get ILR. what is she switches to be my dependent now ? any good ? If she switches to your dependent on FLR(M) form, her clock will reset again to zero and she will have to wait another 5 years on FLR(M) which is 2 X 2.5 year visas. She will not be able to use the time she has already been in the UK towards the new 5 year residence on FLR(M).

* so once i become a citizen, what are her options ? It will make no difference if you become British. The only benefit is that when she eventually gets ILR, she will not have to wait 12 months on ILR before applying for citizenship.

*Does switching to any other visa category help ? No, as above, any switch will reset her ILR qualifying clock to zero again.

* what would you recommend under the current rules as am trying to understand the best scenario for her to get ILR. If she continues to meet the requirements on her current visa and the new requirements coming into effect next year, this will be the quickest way for her to obtain ILR

[Rak39]

Thank you for your detailed reply. You made it very clear.

So as I understand, the quickest way in our case now, would be to sit tight for next 4 years on T2G and apply for ILR.

Also you mentioned the "new rules coming into effect next year". Is there any concern I mean any drastic rule changes for T2G/settlement ?

[vinny]

Pay rules increases, for example.

[Rak39]

Alright.

Thanks again both CR001 and Vinny.

[Rak39]

On the same note, I had another question regarding a colleague of mine. He's on ILR and planning to get married in the coming year.

*So if his spouse is Non EU she has to come to UK as his dependent and remain 5 years before she can switch to ILR/citizenship ?

*If his spouse is in UK already, allow her to continue on her visa to complete 5 years as switching again resets her clock to zero ?

*Am I right in thinking the spouse doesnt get any benefit irrespective of their partners ILR/citizenship status ?

[CR001]

*So if his spouse is Non EU she has to come to UK as his dependent and remain 5 years before she can switch to ILR/citizenship ? It is apply for ILR not switch. But yes to the question.

*If his spouse is in UK already, allow her to continue on her visa to complete 5 years as switching again resets her clock to zero ? Yes or switch if they wish.

*Am I right in thinking the spouse doesnt get any benefit irrespective of their partners ILR/citizenship status ? Correct