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ILR visa for my wife - We both have our own Tier1 visa
Posted: Wed Sep 14, 2011 9:13 pm
by Tier1Contractor
Hello Everyone,
Please do bear with me if this has been posted before. I did a search before posting this though.
I have my own Tier1 and am now completing 5 years of stay in UK. So I am due to apply for ILR within a month.
My wife who initially came to the UK in 2007 as my dependent, switched her visa to get her own Tier1 in 2008 as she was working and we thought that its better to take her own Tier1.
Now I want to apply for ILR and want to include her as my dependent in the application. Please could anyone let me know if I can include her or not. If not please suggest any other options so that we can apply for ILR for both of us at the same time.
Posted: Wed Sep 14, 2011 9:15 pm
by Lucapooka
She can't be included in your application. She is with the immigration status of a PBS migrant rather than a PBS dependant. If she want's to quickly leave the UK now and apply to return as your dependant, that would permit her to apply jointly with you for ILR.
Posted: Thu Sep 15, 2011 10:05 am
by winsome
Lucapooka wrote:She can't be included in your application. She is with the immigration status of a PBS migrant rather than a PBS dependant. If she want's to quickly leave the UK now and apply to return as your dependant, that would permit her to apply jointly with you for ILR.
I think this is a bit misleading. The new requirements mean that she has to be in UK as your dependant for atleast 2 years before she can apply for ILR.
Posted: Thu Sep 15, 2011 10:52 am
by geriatrix
winsome wrote:The new requirements mean that she has to be in UK as your dependant for atleast 2 years before she can apply for ILR.
No.
The requirements state that the dependant must have been living in the UK with the principal migrant for at leas 2 years in a relationship akin to marriage or civil partnership.
It is not necessary to spend those 2 years as a "dependant".
If the OP can provide evidence(s) of cohabitation for the relevant 2 year period and evidence of relationship akin to marriage (marriage certificate), then OP's wife will be eligible for settlement at the same time as him - provided he follows Lucapooka's advice.
Posted: Thu Sep 15, 2011 12:21 pm
by Lucapooka
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
Meaning granted this at any time in the past, even yesterday! Then it goes on to define the other conditions:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
Which makes no mention of a requirement for the entire two years to be in the category mentioned in the previous paragraph.