ILR for Tier1 dependent/ Tier2

[sunil sethi]

Hi Everyone,

Can someone please guide me on this:

I am on tier 1 would qualify for ILR in Sept 2011. my wife joined me in Aug 2009 as Tier 1 dependent, but after a months time her employer offered her a job in UK, so she switched to Tier 2(ICT), Since then she has been on that visa.

My concern is would she qualify for ILR when I qualify(as she would have completed 2 years stay with me in UK on tier 1 & tier 2)

Do I have to make 2 applications Set(O) for me and Set (M) for her?

Thanks in advance for your suggestions.

[geriatrix]

If you wish that she be granted settlement at the same time as you, then she must change her status to that as your dependant. And this can only be done from outside the UK.


regards

[sunil sethi]

If you wish that she be granted settlement at the same time as you, then she must change her status to that as your dependant. And this can only be done from outside the UK.


regards

Many thanks for your reply. Is it possible once I have got my ILR she applies for ILR using form Set (M)from here?

[geriatrix]

Is it possible once I have got my ILR she applies for ILR using form Set (M)from here?

No. Your wife is a Tier 2 migrant and, therefore, may apply for settlement as an economic migrant if and when she qualifies for it.

Alternate options:
1. As explained in response above.
2. Switch to spouse status after you are granted settlement, and then apply for settlement as a spouse of settled person / British citizen (depending on your status at such time) as and when she qualifies for it (287). For such settlement applications, the form to be used is SET(M).


regards