Tier 1 (dependent) Spouse -- In country possible?

cooltt_18 · Post by **cooltt_18** » Wed Sep 12, 2012 2:59 pm

Hi All,

My wife is in the UK on her own Tier-1 General visa.

Is it possible for her to switch on to my visa as a Tier-1 Dependent without going back to our home country?

Post by **Lucapooka** » Wed Sep 12, 2012 3:00 pm

cooltt_18 · Post by **cooltt_18** » Wed Sep 12, 2012 3:30 pm

Lucapooka wrote:No.

Thanks!

eclairs · Post by **eclairs** » Wed Sep 12, 2012 4:05 pm

Lucapooka wrote:No.

Really? I am also under the same situation and planning to change my wife's visa status from T1G to T1 Dependent.

Can't find any clear info on UKBA site, appreciate if you could give any specific link which says that the applicant has to go back to the home country to become a dependent ?

Post by **Lucapooka** » Wed Sep 12, 2012 4:56 pm

The policy guidance says:

29. For family members of Tier 1, 2, and 5 applicants, switching is permitted when applying as:
• a family member who has or last had entry clearance or leave to remain as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a relevant Points Based System migrant

The last EC or leave to remain of the applicant in your case was as a PBS migrant; not dependant.

Post by **Greenie** » Wed Sep 12, 2012 4:57 pm

See paragraph 319C h) of the immigration rules. Switching in country is not possible. Note your wife would need to complete 5 years as your dependent in order to qualify for ilr.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

cooltt_18 · Post by **cooltt_18** » Thu Sep 13, 2012 9:45 am

Greenie wrote:See paragraph 319C h) of the immigration rules. Switching in country is not possible. Note your wife would need to complete 5 years as your dependent in order to qualify for ilr.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

Thanks Greenie. I am a bit confused here. I will qualify for ILR in another 3 years. My wife will become my dependent by the end of this year.

Does this mean she cannot apply for ILR after 3 years when I apply? What will be her status then?

Post by **Lucapooka** » Thu Sep 13, 2012 10:51 am

If she changes her status to PBS dependant, she will begin a mandatory five year residence period before becoming eligible for ILR. Her previous residence in the UK as a PBS migrant will not be considered. It would only be counted if it were aggregated into a ten year residence period for ILR granted under the long-residence category.

Post by **Greenie** » Thu Sep 13, 2012 11:17 am

She will need to apply for an extension of leave and then apply for ilr once she has completed 5 years as your dependent.

cooltt_18 · Post by **cooltt_18** » Thu Sep 13, 2012 5:19 pm

Thanks guys!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier 1 (dependent) Spouse -- In country possible?

Tier 1 (dependent) Spouse -- In country possible?