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Shifting to Tier 1 Dependent immediately before ILR
Posted: Tue Jan 31, 2012 6:33 pm
by pkumar
I am on Tier 1 General visa and my wife has her own Tier 1 general visa.
We been married for 8 years and living together all the while.
We been in UK for 4 years 9 months.
Since my wife is qualifying for ILR first ..
So if my wife is apply for ILR on April 15 and if I go to india and become here dependent on March 15th ... will i be eligible to get ILR along with my wife on April 15th? We have staying in uk together for 4 years (more than 2 years limit) but on dependent visa for only 1 month .... does that qualify me for ILR along with my wife on April 15th?
seniors
Posted: Tue Jan 31, 2012 10:21 pm
by thewolfman21
Can seniors pls comment on this!
Posted: Tue Jan 31, 2012 10:46 pm
by linkers
I don't think so that you would qualify for ILR as you would have spent only 1 month as a dependant of your wife.
Your best bet would be to apply for ILR on your own (as you have also got Tier-1 General visa).
I would advise to apply for ILR on your own as it's quicker than getting it via your wife (as if you become your wife's dependant, you will have to spend two years before becoming eligible for ILR).
Also don't forget the home office is looking to extend the ILR qualifying time from 2 to 5 years for spouse visa in future. So the quickest and safest way for you to get ILR is using your own Tier-1 visa (once you have completed 5 years on it).
Posted: Wed Feb 01, 2012 6:22 pm
by pkumar
But somewhere in the forum I had read it is possible? .....
Posted: Wed Feb 01, 2012 7:55 pm
by Greenie
Linkers is mistaken, the requirements for ILR under
319E as the dependent of a PBS migrant only require that you were last given leave as a PBS dependent and that you have lived together as husband in wife for two years or more, they do not require that you have been a dependent for two years. You must however be applying for ILR at the same time as your wife. It seems a bit risky returning to India to apply for a PBS dependent visa only a month before your wife is due to apply for ILR - what if the application takes longer than this?
Posted: Wed Feb 01, 2012 10:01 pm
by linkers
I would agree with you Greenie. Sorry I didn’t interpret the law correctly.
Posted: Wed Feb 01, 2012 10:29 pm
by ban.s
when do you qualify for ILR in your own right?
don't know your circumstances / reasons behind the dependent route approach but if you have relatively short gap (e.g. couple of months) between your wife's ILR and your own ILR, then it's recommended your go for your own than the dependent application.