Tier 1 Dep - British citizen - Strange immigration question

[everfor]

i am British citizen and my wife holding india passport with Tier 1 dependent visa until mid of 2018.
2 days ago, when i am returning from holiday, in heathrow immigration they said, my wife visa is invalid, because i am no longer in tier 1.

I said, when i got married in 2012 i was in Tier 1 and that's reason she got Tier 1 dependent and also said when i got a extension to her in 2015, i was British citizen, at that time no concern has made by homeoffice in extension, then why now? she said as per them, British partner should not holding tier 1 dependent any more. After arguments, she said they are let us know for this time and she said you have go back to home office and check with them.


Next year she will qualify for ILR. Is it true, british citizen partner can't hold tier 1 dependent visa ? Please advise

[CR001]

On what basis did you get ILR - 5 years Tier 1 or 10 years long residence?

[everfor]

My ILR - 5 years

[CR001]

She is well within her rights and not breaking any immigration rules by remaining on PBS Dependent.

See link below

immigration-for-family-members/dependan ... 14832.html

[everfor]

Thanks for ILR clarity. My concern is before she got the ilr, if we plan go outside the country,at time of entry does immigration will stop my wife again?

Please clarify, is there any no such rule, stating the british citizen partner shouldn't holding the Tier 1 dep visa?

[CR001]

Yes, they can stop her again. They are entitled to do so.

Suggest read the link I have provided, it contains additional links to the immigration rules.

She can continue on her current visa till she qualifies for ILR if you got your ILR based on 5 years Tier 1 G. The rules are different if you got ILR based on long residence, which might be the confusion for the Immigration Officer.