clarification for dependent of Tier 1 applying ILR

[April00]

Dear friends,
My husband is planning to apply ILR in Oct and intend to put down me in his application as a dependent of Tier 1 (general). However, I have been given some conflicting advice about whether I am eligible to apply for ILR as a dependent of Tier 1 (General) when i called the home office this morning.

- One person I spoke to said that I needed to have been on a dependent visa for 2 years before I could then become eligible to apply for the ILR as a dependent of Tier 1 (Gen).
- Another said that I could apply regardless of the time I had been on a dependent because I would be eligible anyway based on the time my husband and I had been co-habiting in the UK for 2 years.

Thought I have been living with my husband for 2 years in the Uk, we got married in June 2007 (less 2 years) and I was granted a dependent visa of Tier 1 in June 2008 (I was on a work permit visa).

I would be most grateful if any of you could shed some lights in my situation. Thank you in advance.

Lucy

[vinny]

Another said that I could apply regardless of the time I had been on a dependent because I would be eligible anyway based on the time my husband and I had been co-habiting in the UK for 2 years.

I think that the above interpretation of 319E is correct. Don't forget the KOL requirements. He should include you in his settlement application.

[April00]

Many thanks Vinny!
I read section 7.20 from <the Statement of Changes in Immigration Rules> laid before the parliament on 6th Feb 2008 under Section 3(2) of the Immigration Act 1971., it says :
The requirements that the family members will have to meet appear in the immigration rules. They are broadly similar to those that family members of Highly Skilled Migrants or Work Permit Holders have to meet. However, the provisions governing the grant of indefinite leave to remain to spouses, civil partners and unmarried/same sex partners will
differ slightly. Such persons will only be eligible to be granted settlement at the same time as the Tier 1 (General) migrant if they have lived with that migrant in the UK for at least two years.
This is in line with 319 E (d). So 2 years requirement counts 2 years living together in the UK regardless of the time of marriage or the time I had been on a dependent visa.
(correct me if I am wrong)

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