Tier 1 dependent - Rights?

[pd82]

Hello all.

I come to you with a request to point me in the direction of some information, as I am truly struggling to find it myself.

My other half is a Tier 1 dependent 'child' (at 21), and we are planning to wed later this year. However, while filling out the relevant form (which was actually straightforward), we had a mad panic about whether she had the 'right' to marry a UK citizen (me) as a Tier 1 dependent 'child'.

I've looked over the UKBA site, but am really struggling for any concrete evidence. Any help gratefully received.

Yours,
PD

[Lucapooka]

Marriage (considering the permission for this as an independent event) is not a problem, but the immigration issues with regard to an application for ILR based on her current status will be (a problem). She would need to switch after the marriage and then complete 5 years as your partner (assuming you are settled yourself).


(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.

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

[vinny]

If she marries, then she cannot apply for further or indefinite leave as a PBS dependant, as 319F(d) and 319J(d) will fail.

After marriage, she may switch to FLR(M). However, her qualifying period for SET(M) will be reset to 5 years.

[pd82]

Lucapooka, that's fantastically helpful - thank you so much for your time!

We certainly realise that the ILR timings will reset to 5yrs (she will actually be up for the 10yr status sooner than this), but it's great to know that she is able to marry.

I can't see anything to suggest that she needs permission from her Tier 1 sponsor for the marriage - do you know if this is the case?

[Lucapooka]

It's fine to marry. If she were under 18 (but over 16, obviously!) UK marriage law requires parental consent.

[pd82]

Thanks for all the input regarding the ILR status - we are 100% clear on that part.

However, what confuses me is the following sentence:

"(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life and, if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met."

How does this actually manifest itself in the process?
- If we marry while she's a Tier 1, she's technically in breach of conditions (according to the above) until we make our Spouse application.
- We can't apply for the Spouse visa until we're married.

Seems a little catch-22 to me. Am I reading it wrongly?

[vinny]

- If we marry while she's a Tier 1, she's technically in breach of conditions (according to the above) until we make our Spouse application.
- We can't apply for the Spouse visa until we're married.

Seems a little catch-22 to me. Am I reading it wrongly?

Wrong. Marriage is not a breach of conditions (319I). However, it is a change of circumstances, ...

If she marries, then she cannot apply for further or indefinite leave as a PBS dependant, as 319F(d) and 319J(d) will fail.

[pd82]

Vinny - thank you so much for highlighting that! You have saved us an expensive consultation.

As a native English-speaker, I find some of the phrasing and contextualisation of the UKBA site almost impenetrable. I pity those reading it as a second/third language.