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Hello all experts in immigration rules,
I would be grateful if you could help me what to do in following situation
I have ILR obtained recenlty.
My wife is on her own tier 1 visa for last 2 years which expires in august 2011.We have been married for last 3 1/2 years.
my wife came on WP in january 2007 continued till may 2007 and then got dependent visa (hsmp) for some reasonher overseas Indian company asked her to switch back to wp so went to India applied for wp in may 2007 and got entry clearnce came to uk may 2007
After above applied for her own tier 1 visa got approval and switched category in august 2008 and this will expire in august 2011.
Now my question is
1.As she has been in the UK since jan 2007 and she will need to apply in agust for further extenson to complet her 5 years to apply for ILR-which again rules are changing then.....best to stay on with her teir 1 and apply for extnesion in august 2011 or
2.apply for dependent visa on my ILR?
can we do this while she is in the UK or she will have to go back to India and apply entry clearnce to enter as my dependent..(I am really confused..sorry about this)

Can anybody help please?

Sudhir

Tier 1
Apply for extension in August 2011. Then apply for probationary citizenship as and when she qualifies for it (Jan 2012, if residential qualifying period remains same as for ILR).

Spouse of settled person
Apply for spouse visa (you may be able to do this in-country, check with UKBA). Apply for probationary citizenship as and when she qualifies for it (if residential requirement remains same as under current laws then 2nd anniversary of leave to remain as spouse or 2years from date of entry into the UK when granted leave to enter (EC) as spouse).

Either way, she will be affected by the earned citizenship laws (if the same are introduced any time before she becomes eligible to apply for ILR).


regards

sushdmehta wrote:Tier 1
Apply for extension in August 2011. Then apply for probationary citizenship as and when she qualifies for it (Jan 2012, if residential qualifying period remains same as for ILR).

Spouse of settled person
Apply for spouse visa (you may be able to do this in-country, check with UKBA). Apply for probationary citizenship as and when she qualifies for it (if residential requirement remains same as under current laws then 2nd anniversary of leave to remain as spouse or 2years from date of entry into the UK when granted leave to enter (EC) as spouse).

Either way, she will be affected by the earned citizenship laws (if the same are introduced any time before she becomes eligible to apply for ILR).


regards

Hey sushdmehta,

Thanks for your prompt reply..
cheers