ILR and Tier 1 General (including dependent) Query

[ankitv]

The Facts:
Me and my Wife have recently married a month ago and are both on Tier 1 general. The marriage took place in India but We have not yet registered our marriage yet. We are both in the UK currently working full time.

Wife:
Tier 1 Visa Valid until Dec 2011
Completes 5 year period on: Nov 2012
Me:
Tier Visa Valid until Feb 2012
Completes 5 year period in: Aug 2015

Problem:
I want to know which is the shortest way to get an ILR for both of us. From Home office I now know that I cant apply for Tier 1 dependant on my wife without going back to India, which I certainly do not want to do. Hence if you could all suggest the quickest way by which I can get ILR

If you could reply that would be great! thank you

[Lucapooka]

There are two options:
You can get ILR in 2013 (on your second wedding anniversary) if you go back to India. You will have to apply for leave to enter (outside the UK) as your wife's dependant and then after she has been granted ILR, you can switch into leave to remain as her partner under the settlement paragraphs of the rules (284). You may then apply for ILR when the marriage has completed in accordance with 287(a)(i)(d)

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

Or you can get ILR in Dec 2014 if you don't go back to India. When your wife is granted ILR in Dec 2012 you can switch into leave to remain and then, after two years on this status, can apply for ILR.

(i) (a) [...]or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

[ankitv]

Thank you very much for your reply. much appreciated.

I guess what you are saying from below, that once my wife gets an ILR in dec 2012, I apply for a UK spouse visa (granted for 2 years) and be eligible for ILR in Dec 2014?

Or you can get ILR in Dec 2014 if you don't go back to India. When your wife is granted ILR in Dec 2012 you can switch into leave to remain and then, after two years on this status, can apply for ILR.