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I have been in UK for over 3 years now on an independent Tier-1 visa and my husband has been on his independent Tier-1 visa too having been in UK for over 5 years. Although we got married only recently, we have been living together for the last 4 years.

Now my husband is eligible for ILR; but I'm being told I cannot apply as his dependent since my current visa is independent of him and I'll have to wait for 2 years to apply as his dependent ILR. Please can you suggest what's the best way to go about this?

Many Thanks!

You have been advised correctly, as from an immigration perspective, you are in UK as a Tier 1 migrant in your own right and not as your spouse's dependent.

Two options:
1. Continue on your Tier 1 and apply for probationary citizenship as and when you qualify.
2. Once your spouse is granted ILR, you may be eligible to switch to spouse of settled person. Then apply for probationary citizenship as and when you qualify.

regards

thanks for the prompt response. I have also been advised by a solicitor today that I have another option of going back to India, getting my passport stamped as the Tier-1 dependent of my husband and then we both can apply for ILR together and we should get it. Apparently the 2 year rule doesn't apply then. Have you heard of anyone who has done this?? Is it a feasible option? If yes then at the moment this is sounding as the best solution coz I don't want to rely on probationary citizenship rules.

Thanks very much again for your help!!!

BlueCherry10 wrote:thanks for the prompt response. I have also been advised by a solicitor today that I have another option of going back to India, getting my passport stamped as the Tier-1 dependent of my husband and then we both can apply for ILR together and we should get it. Apparently the 2 year rule doesn't apply then.

Yes, this is possible but only if your husband entered UK on HSMP / switched to HSMP from within the UK and his HSMP application was approved as per rules in place before Nov '06.


regards

Unfortunately, he's not an an HSMP from before Nov 2006, he got his Tier-1 in July 2008.

A few solicitors have however told us it is still possible for me to apply and get ILR with him by going back to my home country and getting a dependent Tier-1 visa. This is confusing us a lot.

Nonetheless, thanks very much SushD!!

If you have been living together and can prove existence of relationship akin to marriage or civil partnership for at least 2 years preceding the ILR application, then what the solicitors are suggesting may be possible.

This said, it is my understanding though that one must spend 2 years in the UK as a dependent before becoming eligible for ILR as a dependent of a Tier 1 (General) migrant. And that's how UKBA also interprets the rules because my partner was told at PEO Croydon that she needed to complete 2 years in the UK before becoming eligible for ILR as my dependent, even though she had been staying in UK for more than 3 years as HSMP migrant. It's a different story that I was covered by the HSMP JR and hence Tier 1 rules don't apply to me or my dependent.

It boils down to interpretation of the rules: whether the 2 yr. residential requirement must be fulfilled by living in UK as a dependent or whether the 2yr. residential requirement can be fulfilled by merely being in a relationship for 2 years in the UK without being a dependent.

All the best.


regards