Tier 1 General to ILR - Dependant question

[salmanmj1234]

Dear Senior Members of this Forum,

First of all can't be more thankful that we have got a forum where people can come in and discuss such a complicated topic of immigration.

I am currently on Tier 1 General and will be able to apply for ILR in Dec 2014. I have got a 1.5 year old baby and wife as my dependants on the visa. As i understand I will be able to apply for my baby's naturalization as soon as I get my ILR.

UK Home office has made things so difficult for us - who are living a legal life just because of a few who misuse the policy.

Anyways - i was married in 2007- my wife has been in UK with me since then she came on a student visa - switched to PSW and then to Tier 2 with her employers - we planned everything so carefully that she can switch to my Tier 1 dependent when we have our first baby and she goes back home on Maternity Leave (as senior members would know one wasn't able to switch to dependant from within UK at that time and had to go back to home country) - and within 2 years she will get her ILR along with me.

Things got tough then - 2 years rule got scrapped and one had to be dependant for 5 years to elligible for ILR.

Anyway - nothing can be done about that - we had our baby in October 2012 and she went back home in December 2012 (while on her maternity leave - and switched to Tier 1 dependant - only because we wanted the flexibilty that if she wants to leave work she can do so without any tension of being on Tier 2 WP). We know she has to now spend total 5 years as my dependant to get an ILR.

My question is - now when I apply for ILR she would have already spend 2 years as my dependant on Tier 1 General - now how do I apply for extension - I am afraid that if I apply for her an extension as Dependant of Settled / ILR spouse - her clock will reset -- and 5 years will start from scratch being on a different Dependant category.


Can I extend her visa in the same General Tier 1 dependant category? So that after 3 years she can apply for ILR.

All your advise will be sincerily appreciated.

Many Thanks,

[vinny]

Can I extend her visa in the same General Tier 1 dependant category? So that after 3 years she can apply for ILR.

Yes. Unless you are applying for ILR under Long residence.

[salmanmj1234]

Thanks Vinny - this helps alot and addresses my concerns perfectly.

I will be applying for ILR after being on Tier 1 General for 5 years. So I will not switch my spouse to Dependent of ILR / Settled person than - will just simply extend her visa in the same category.