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Dependant status?
Posted: Thu Apr 22, 2010 9:27 pm
by catchmk
Planning to apply for ILR soon.
WP (3 years) + Tier1 (2 years)
My wife's with me in UK for about 15 months. So i guess she cant apply with me. Is that right
What will be her status IF i get ILR? Will she still be on Tier 1 Dependant
Re: Dependant status?
Posted: Thu Apr 22, 2010 11:35 pm
by dimsav
Generally, a dependant follows the status of a main applicant, once applied together. What is your current wife's visa?
I assume that she is a Tier 1 dependant. Then she needs to comply the 2 years requirement for the period of
living together in the UK in marriage, see
319E(d). In your situation, you don't have this, I am afraid. So, you'll probably need to think of getting ILR for yourself and FLR for your wife as a spouse of a settled person. After 9 months (2 years in total) she should get ILR on her own...
You may also have a look at
this thread.
Posted: Sun Apr 25, 2010 11:23 am
by catchmk
Thanks for your reply.
Do i still need to apply for her FLR even though she still has 1+ year left on her Tier 1 Dependant visa
And she will be eligible for ILR long before her Tier1 Dependant visa expires.
Posted: Sun Apr 25, 2010 11:15 pm
by dimsav
catchmk wrote:Do i still need to apply for her FLR even though she still has 1+ year left on her Tier 1 Dependant visa
Quite a tricky situation... It seems that if you get ILR first, your wife needs to change her status to
the spouse or civil partner of a person present and settled in the United Kingdom to be able then to apply for ILR on her own, see
287(a)(i)(d). This means FLR for her. Otherwise she wont be able to satisfy either this rule or
319(E), the latter stating a simultaneous application from you both explicitly. Perhaps, you should try to call UKBA to clarify this...