If wife is on Tier 1 general DEPENDENT visa, will she ....

[singha6]

If wife is on Tier 1 general DEPENDENT visa, will she get the ILR at the same time when her Husband is apply his ILR.


Details:-

I (Husband) is on Tier1 (WP+HSMP+Tier1=5yrs), apply for ILR in June.

My Wife (Tier1 General - but on Individual Tier1 - not Dependent on me) - if I convert her Visa status from "Tier1 General" to "Tier1 Dependent"; and then when i apply for my ILR in June2011, at that time can i apply my wife's ILR along with my ILR application? - Will she be granted ILR along with my ILR on my bases?

[geriatrix]

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

By June 2011, will your spouse have lived with you in the UK for at least 2 years?


regards

[singha6]

We will be completing 18 months of our marriage at the time of my eligibility to apply for ILR. Me and my wife have stayed together as an unmarried partner for 6 months prior to the marriage in UK (she came to UK as an International Masters Student in Jan 2006; and then after her Masters she got "Tier1 - Post study Work" Visa and then in Oct 2009 she got Tier1 General Visa) , making our overall stay together as 2 years.

(note: the only proof we have to prove us unmarried partner is residential agreement on both of our names and the money we paid to landlord was in cash)

So, could this be considered valid and OK for making her eligible to get ILR along with my ILR application, provided I convert her Visa status from "Tier1 General" to "Tier1 Dependent"?

[geriatrix]

Without adequate evidence of cohabitation to cover the 2 years preceding the settlement application, your spouse's settlement application (as your dependant applying at the same time as you) will not be successful.

Refer to FLR(M) or SET(M) for acceptable documentary evidence to prove co-habitation.


regards

[singha6]

Thanks Sushdmehta,

It seems I am lacking in paper works for proving the cohabitation.

Is there any other best way to get ILR for my wife along with my ILR?

I have posted a new question under "British Citizenship" thread. Can you please check and give your expert views on it.

Many Thanks

[geriatrix]

Is there any other best way to get ILR for my wife along with my ILR?

The only way is to meet the requirements for settlement and supporting the application with adequate documentary evidence(s).


regards

[singha6]

Hi Sushdmehta,

I am bit confused, can you please guide me and point me to the correct direction.

"The only way is to meet the requirements for settlement and supporting the application with adequate documentary evidence(s)."

>>> "reguirements for settlement" mentioned under which type of category?

Are you mentioning for FLR (SET (M) ) or "Spouses and civil partners" (
http://www.ukba.homeoffice.gov.uk/polic ... _partners/ )

Which Guidance notes & forms I have to read to know more about it. Can you please post me the links for them.



Many thanks for all your help.

[geriatrix]

I was referring to "requirements of settlement" as a dependant of a Tier 1 (General) migrant.

Requirements for settlement as a Tier 1 (General) migrant are specified under immigration rule 245E. And, requirements for settlement as a dependant of a Tier 1 (General) migrant are specified under immigration rule 319E.

I suggested that you refer to SET(M) / FLR(M) form so that you could make yourself aware of the documentary evidence(s) UKBA deems acceptable as proof of cohabitation .... something you'll need to provide if you wish your spouse to be granted settlement at the same time as you.

The issue in your case is, as you have already stated, that you may be unable to provide evidence(s) of cohabitation during the 2 years preceding the settlement application.

Click on the links given in the responses.


regards

[singha6]

Hi Sushdmehta,


Below is my brief History & details:-

I (Husband) am on Tier1 (General) Migrant Visa Issued in August 2009 (Valid till Aug 2012) after my 2 years HSMP Visa expired in Aug 2009; and prior to this I was on WP issued in May 2006. So my 5 years period consist of WP(1yr5months) +HSMP (2years) +Tier1 (1yr 9months) =5years in May 2011. Making me eligible to apply for ILR in May 2011.


My wife got her Tier1 (General) Migrant Visa issued in Oct 2009 (her Visa is Individual Tier1 - not Dependent on me); and prior to this she was on Tier 1 (Post-study work) visa.

We both Met in Uk and stayed in living-in relationship (Unmarried partners) from March 2009 till Dec 2009 and then we got married in Dec2009 in India and after marriage we entered UK on our Individual Tier1 Visas.


Till date we are on our own Individual Tier 1 Visas.


My question is :-

If I convert my wife's Visa status from "Tier1 General" to "Tier1 Dependent - on me(for which she have to go to India to convert it)"; and after converting to Tier1 Dependent come back to UK; and then when I apply for my ILR in May2011, at that time can i apply my wife's ILR along with my ILR application? - Will she be granted ILR along with my ILR on my bases?

( NOTE:- Our Married period till May 2011 (at the time applying ILR will be 18 months + 9 months unmarried partner = 2years-3months. But for 9 months unmarried period We only have Tenancy Agreement & no other proofs of bills as they were paid off by Landlord).



Sushdmehta - I have read a previous post of yours were you have mentioned this

>>> "2 year stay in UK as a dependent isn't a requirement when applying for ILR as dependent of HSMP migrant covered by HSMP Forum Judicial Review (settlement). Include your spouse as dependent in your ILR application as she is eligible for ILR at the same time as you.
"

Does not the above Quote of yours getting applied in my case??? - provided I convert my wife's Tier1 visa to Tier1 dependent visa.

Please suggest further.

thanks for all the wonderful help - highly appreciated all your reply & guidance.

[geriatrix]

See HSMP Forum judicial review (settlement in the United Kingdom)


regards

[singha6]

Thanks Sushdmehta,

I have read the above link & I am more confused then before. As the above link you provided does not properly relate to my history - so i am not able to figure out under which condition i am eligible ; as my history is this :-

WP(1yr5months) +HSMP (2years) +Tier1 (1yr 9months) =5years in May 2011

Can you please guide me under which condition i fall in and in my situation what i have to do the best?

1.) Should I convert my wife visa status to my dependent Visa status now or not?

or

2.) If I get my citizenship next year 2012 May or July, and my wife has spent nearly 3years in this country as wife (but out of these 3 years only one year she is dependent on my visa ( i will convert her visa to dependent Visa)) – will she qualifies for the citizenship along with my citizenship? >>> Don't she have to go via the ILR route (2years) & then Citizenship?


or

3.)I and my wife have completed 2 years in marriage. Her current visa status is Tier 1. I have been advised that in order for her to be my dependent when I switch to ILR in May2011 she would have to do this from India. What I am not sure about is will she have to wait another 2 years to get the ILR or can she applies for the same from India.

I don't wanna waste 2 years period which she spent as my wife in UK & start over again.

Not able to understand what way Should I follow. What exactly i should do?


So much confusion - Thanks for your kind help.

Awaiting further guidance.

[geriatrix]

In simple words, my precise and concise answers:

1. Unless you can provide adequate evidence of cohabitation (as mentioned above), your wife's application for settlement, as your dependant and at the same time as you, will be refused.

If point 1 is not feasible for you to do, then:
2. If your wife will become eligible for settlement in her own right as a Tier 1 (General) migrant before June 2013, IMHO, there is no advantage of changing your wife's status to dependant of Tier 1 (General).
3. If, in June 2011, she will have more than 2 years left to be eligible for settlement in her own right as Tier 1 (General) migrant then, after you are granted settlement, she may switch to FLR(M) and apply for settlement after two years of being granted FLR(M).

For anyone to be eligible for British citizenship, one of the mandatory requirements is that the applicant must have settled (ILR/PR) status. So, stop worrying about citizenship for now, and deal first with the issue at hand - settlement.


regards