Tier-1 to ILR - Dependent

[mailaolhp]

Hi,

Me and my wife both are in UK on Tier-1 General. Though we were married at time of application, We both filed it from India but independently. We also provided them with our marriage certificate but never shown as each other's dependent on visa as both have been eligible for visa. Also while extension we filed it independent to each other.

Issue is, my wife came in this country just after she got visa. So, soon she will complete her 5 years and can apply for ILR. But, I came 9 months after she came in UK. So I wont have finished 5 years in UK.

So, we were wondering if I can file for ILR with her and become her dependent for ILR so in that case, I wont have to get Tier-1 visa extension.

But not sure if this is valid way.

Please help if someone has been in same situation or have got some solution.

Thank you
hp

[wpilr_nov12]

If you switch as her dependent at this time, your ILR wait is 5 years from being Dependent.

Otherwise, get an extension, and apply for ILR upon completion of 5 yr on your own T1 category.

[mailaolhp]

Dear wpilr_nov12,

Sorry, I am not getting it.

Why should I have to wait for 5 years ?
In worst case isn't it should be only 2 years as we are married ?
And 5 years on what visa - as ILR dependent ?
As once my wife has ILR what will be my status ?

Please elaborate.

Thank you

[wpilr_nov12]

You might be right... sorry...

Please read Immigration Rule (link below) 319E.

[mailaolhp]

Thank you. I will go through it. Seems will have to do some reading.

But was wondering if someone in the forum has gone through such issue. Or we have a very unique issue.

Anyway thank you for running wonderful forum.

//hp