Help - ILR for British Spouse. Time spent on Tier 1 General

[jai_aus]

Hi All,

I hope you can help me. My wife was on Tier 1 general in the past. I got my ILR in 2012 under long term residency route and she changed to spouse Visa and was granted 30 months Visa.

She subsequently extended this and was granted a further 30 month Visa.

Now we are planning on applying for ILR.

The question is does the time spent on tier 1 general is considered for ILR or does she has to Wait till 5 years on spouse Visa has to be spent.

She was in Uk since 2008 as Tier 4 dependent before changing to Tier 1 General.

Regards,
Jai

[vinny]

she has to Wait till 5 years on spouse Visa has to be spent.

Unfortunately, there are no provisions to include leave under Tier 1 (General) for SET(M) under Appendix FM.

She was in Uk since 2008 as Tier 4 dependent before changing to Tier 1 General.

However, she may be eligible for SET(LR) under Long residence this year.

[jai_aus]

Thanks for your reply

So instead of waiting for 10 year residence. Can she apply for ILr as partner now that her 5 year period will be completed in March 2018

[CR001]

Only if that whole 5 year period is on the spouse visa, i.e from the date she switched and was granted the visa.

You dont state specific dates of visa issue and expiry etc, this information is usually helpful if you expect advice on the forum.

[jai_aus]

Apologies for that .. my wife got her first patner via on 18 03 2013.so can she apply for ilr in March 2018. And can she apply 28 days before on premium service.

So considering if she can apply for ILR in March of 2018 can she apply for naturalisation straight away or has to wait for a year before applying .


Thanks again for your help.

Regards,
Jai

[marcnath]

Apologies for that .. my wife got her first patner via on 18 03 2013.so can she apply for ilr in March 2018. And can she apply 28 days before on premium service.

So considering if she can apply for ILR in March of 2018 can she apply for naturalisation straight away or has to wait for a year before applying .


Thanks again for your help.

Regards,
Jai

Assuming you have now become a British Citizen, your spouse can apply for naturalisation immediately upon getting ILR

[jai_aus]

Thanks a lot for your info.

I am in process of applying for ILR for my wife.

I could not get any appointments for premium visa before her visa expires and now have to take the postal route.

Do I need to send my Original passport along with her application. I am worried that it be stuck there for 6 months and I might need to travel for work.

In Section 12B of SET (M): Spouse's and partners

If you are applying as a spouse or partner, i addition to the relevant documents in sub section 12 A you must provide the following:

Your partner's valid passport showing that he/she is present and settled in UK. If you are making an applicatio by post you can send a complete and full copy of your partner's valid passport. Every page of the passport must be copied including any blank pages.

If I understood the above correctly, does it mean I Don't have to send the original passport and only the copy.

does that sound right?

The whole guidance and doc is very vague. The application also asks for my children's birth certificates and passports ( British citizens) not sure why?

Any help on this will be much appreciated.

Thanks in advance.

Regards,
Jai