Can wife with Tier 2 apply as ILR Dependent when I apply ILR

nirav.shah83 · Post by **nirav.shah83** » Wed Feb 20, 2013 9:36 am

Hello All,

I have been reading through the various posts since morning, but cant find any case that's exactly similar to mine.

My wife has had her independent Tier 2 visa for 2 years now - since before we got married. She is working for and is sponsored by a UK organization.

I am on a Tier 1 visa and will apply for my ILR next month.

Can I apply for a dependent ILR for her as well?

Can you advice or point me to the correct topic for further reading?

Many Thanks!
Nirav

Post by **Lucapooka** » Wed Feb 20, 2013 9:54 am

No.

The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant

319E

Your partner does not have leave to remain as your partner. She is, herself, a PBS migrant.

nirav.shah83 · Post by **nirav.shah83** » Wed Feb 20, 2013 10:33 am

Thanks Lucapooka.

In that case, what would be your advice, Should we apply for her dependent citizenship after keeping my ILR for a year and getting my citizenship?

Post by **Lucapooka** » Wed Feb 20, 2013 12:17 pm

Dependant citizenship; what's that? It's not possible to apply for citizenship without first having acquired ILR. She must get ILR: either as PBS migrant (after five years on that status), as your partner (requires switching and waiting a further five years on that new status), or after 10 years of residence.

nirav.shah83 · Post by **nirav.shah83** » Wed Feb 20, 2013 1:23 pm

Thanks again. That does clear some misconceptions I had.

So, in that case, what visa would she be on if she becomes my dependent

(1) when I am on ILR
(2) when I am a citizen

what are these visas called?

Post by **Lucapooka** » Wed Feb 20, 2013 3:30 pm

After you get ILR, if she decides to switch her status to partner, it makes absolutely no difference whether you are settled or a citizen. There is no distinction.

nirav.shah83 · Post by **nirav.shah83** » Thu Feb 21, 2013 2:59 pm

Thanks Again Luca !!

And finally, can she study on her dependent visa? She wants to take up a PhD course in two years time when, hopefully, she'll be on my dependent visa. We dont want to have her to go back to India for applying a Student visa. So just want to be sure.

Also, since she's not currently my dependent, should we apply for her when I apply for my ILR? Or does that complicate things and we should apply her visa AFTER I get mine?

Thanks a lot again for all your help.

Post by **Lucapooka** » Thu Feb 21, 2013 3:18 pm

She can study but will not be eligible for home fees until she has ILR.

nirav.shah83 · Post by **nirav.shah83** » Thu Feb 21, 2013 4:10 pm

Great !

And do you see any complications if I apply for her visa with mine? Or to keep it simple, we should wait to apply for hers till I get mine?

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Can wife with Tier 2 apply as ILR Dependent when I apply ILR

Can wife with Tier 2 apply as ILR Dependent when I apply ILR