Tier 1 to ILR dependent

[Ashwin G]

Hi All,
I would like to get advice on what would be the best course of action for my wife's settlement application, our situation is -

- I am on Tier 1 and will complete 5 years in UK on 15th Nov 2013, so would be eligible for ILR.

- My wife is on Tier 1 as well and will complete 4 years and 11 months in June 2014 when her current tier 1 expires

We have two options -

1) I apply for ILR now and she applies when her tier 1 expires in June 2014 (4 years and 11 months, I think this would be fine as she arrived in UK within 90 days after her HSMP was stamped)

2) We both apply now I apply for ILR and she apply as my dependent (I think from Oct. onwards there is no need to go back to home country to shift from point based to dependent)


The advantage of option 2 is - it is that we can apply in one go and more importantly my wife would avoid a situation when her UK tier 1 would be about to expire and hence she would not be able to apply for Visa of any other country in 2014

Could anyone guide if option 2 is feasible - i.e. shift from tier 1 to ILR dependent


Many Thanks,
Ashwin

[Amber]

She would not have transitional protection and would be subject to a further 5 year wait. She can apply from 28 days before her 5 years eligible PBS period completes. On a side note; dependants may no longer have to leave the Country to switch thanks to the October 2013 changes.

[Ashwin G]

She would not have transitional protection and would be subject to a further 5 year wait. She can apply from 28 days before her 5 years eligible PBS period completes. On a side note; dependants may no longer have to leave the Country to switch thanks to the October 2013 changes.

Many Thanks Amber!