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ILR Dependant
Posted: Fri Jun 28, 2013 1:11 pm
by madarin
Hi,
I am currently in Tier 2 ICT Visa.
My husband will apply for his ILR in August 2013.
Please let me know if I can apply for ILR dependant along with him and from UK?
I was reading this:
http://www.ukba.homeoffice.gov.uk/visas ... you-apply/
Thanks,
Madhu
Posted: Fri Jun 28, 2013 1:27 pm
by CR001
Are you a dependent on your husband's visa or do you have your own Tier 2 visa?
Posted: Fri Jun 28, 2013 1:57 pm
by madarin
I am currently on my own Tier 2 ICT.
I got curious after reading the below clause:
http://www.ukba.homeoffice.gov.uk/visas ... you-apply/
Can you 'switch' if you are already in the UK?
You may be allowed to switch into the category of partner if you are currently in the UK in a different immigration category.
Posted: Fri Jun 28, 2013 2:01 pm
by CR001
You will be able to switch to FLR(M) when your husband gets ILR, but you need to remember that it will reset the clock and you will have to wait 5 years before you can apply for ILR. You will also need to meet all the new post 9th July 2012 requirements to apply as spouse of settled person.
Posted: Fri Jun 28, 2013 2:10 pm
by madarin
Many thanks,
So I can apply from within the country.
where can I find the new requirements post 9th July 2012.
Also, If my husband applies for citizenship next year, can I apply along with him for citizenship?
Re: ILR Dependant
Posted: Fri Jun 28, 2013 2:31 pm
by vinny
madarin wrote:where can I find the new requirements post 9th July 2012
You have already found them.
madarin wrote:Also, If my husband applies for citizenship next year, can I apply along with him for citizenship?
Probably
no.
Posted: Fri Jun 28, 2013 2:58 pm
by CR001
madarin wrote:Many thanks,
So I can apply from within the country.
where can I find the new requirements post 9th July 2012.
Also, If my husband applies for citizenship next year, can I apply along with him for citizenship?
Perhaps you misunderstood. If you switch to FLR(M), you will have to wait 5 years from the date your new visa is granted before you can apply for ILR. The initial visa will be issued for 2.5 years and after this you will have to renew the visa for a further 2.5 years and meet all the requirements again before you can do SET(M) ILR.
You can only apply for citizenship if you have ILR, but if you apply for ILR in 5 years time and your husband is a BC at that stage, you will be able to apply for BC immediately after ILR as spouse of BC, provided the rules don't change between now and then.
How long have you been on Tier 2 ICT?
Posted: Fri Jun 28, 2013 5:05 pm
by madarin
I have been on Tier 2 ICT for 4.5 years. but due to some unavoidable circumstance i have resigned with my last date bein 19th july
Posted: Fri Jun 28, 2013 7:23 pm
by CR001
I would have hung on for the 6 months.
You can switch in country to spouse of settled person (form FLR(M) once your husband gets ILR but your 5 years will start from scratch again from date of new visa.
Is your husband applying in person or doing a postal application? You need to make sure that you apply before you become an overstayer.
Posted: Fri Jun 28, 2013 8:31 pm
by madarin
That is true, but things were unavoidable. Bad luck you can say
My husband will apply for ILR in person.
My tier 2 ICT expires on 9th jan 2014 and my last working day is 19th july. My query is how long can i stay after my last working day before i am considered as an overstayer?
Thanks,
Madhu
Posted: Fri Jun 28, 2013 8:45 pm
by CR001
I am not very familiar with the rules for the Tier visas, but see page 48 and 49 of the link below
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
What I understand is that your sponsor will inform UKBA and you will then have 60 days 'grace period'
Perhaps a guru can confirm
I am sure that you can also apply in person once your husband has been granted ILR.