Tier 2 G spouse and rules for ILR

[clari12]

Hi,

I had a few questions regarding the spouse application for ILR/citizenship.

I got my naturalization after 10 years LR and 1 year ILR(now BC). My wife was my dependent for 2 years and now she is on Tier 2 General (applied from india) for the last 2 years.

* When EXACTLY can she apply for ILR ?
* I understand the spouse can apply for citizenship straight after getting ILR if she is married to a BC..so does that mean she can apply for citizenship the VERY next day after getting her ILR BRP ?
* She did her masters in India..so does that mean, a certificate has to be obtained from NARIC to show language requirements? could you throw some MORE light on how I should go about this pls ?

Thank you

[Casa]

Hi,

I had a few questions regarding the spouse application for ILR/citizenship.

I got my naturalization after 10 years LR and 1 year ILR(now BC). My wife was my dependent for 2 years and now she is on Tier 2 General (applied from india) for the last 2 years.

* When EXACTLY can she apply for ILR ? When she has completed 5 years under Tier 2 General.
* I understand the spouse can apply for citizenship straight after getting ILR if she is married to a BC..so does that mean she can apply for citizenship the VERY next day after getting her ILR BRP ? Yes, assuming she meets all the standard requirements (absence limits etc)
* She did her masters in India..so does that mean, a certificate has to be obtained from NARIC to show language requirements? could you throw some MORE light on how I should go about this pls ? NARIC ELA is now required for ILR & BC. https://www.naric.org.uk/naric/individu ... sment.aspx

Thank you

[clari12]

Thank you Casa

* Does she not come under " 3 years of residence being the spouse of BC " category to apply ILR ?
* Do you recommend her to continue on Tier 2 General rather than switch to my dependent ? which is the easier route for her to apply ILR ? no benefit of being the BC spouse ?
* Can she renew her Tier 2 General from UK or does she have to return to India for that ?
* So does she apply for ILR via 5 years of T2G route ?
* Does NARIC letter have an expiry date ? if i make one now, can I use anytime in the future for eg ?

Thank again.

[Casa]

Thank you Casa

* Does she not come under " 3 years of residence being the spouse of BC " category to apply ILR ? No. You're confusing this with BC, but ILR will only be obtained after 5 years...and for BC, holding ILR first is mandatory.
* Do you recommend her to continue on Tier 2 General rather than switch to my dependent ? which is the easier route for her to apply ILR ? no benefit of being the BC spouse ? No easier route and switching to your dependent would reset her immigration clock to zero, putting her on yet another 5 year path to settlement.
* Can she renew her Tier 2 General from UK or does she have to return to India for that ? Apply for an extension from within the UK.
* So does she apply for ILR via 5 years of T2G route ? Yes
* Does NARIC letter have an expiry date ? if i make one now, can I use anytime in the future for eg ? No it doesn't and yes, you can.

Thank again.

[clari12]

Thank you Casa

* Since she can extend her T2G in UK, can she still continue to work while her application is in process ?
* Is healthcare surcharge a must ?
* If so, the start date is when her current leave expires to 3 years from that date as the end date ?
* Does the company usually pay for the application fee and healthcare surcharge ?
* I hear the new rules say, you can only stay for max 6 years in T2G and need minimum of 35000 GBP/annum for settlement ? so does that mean when she applies in 3 years time her salary need to be that or has to be that for all the qualifying 5 years ?
* How does the year long maternity leave work in this 5 year T2G route ! is there anything to be careful of not to fall out of the law in 5 years time when she applies for ILR ?

Thank you.

[Casa]

Thank you Casa

* Since she can extend her T2G in UK, can she still continue to work while her application is in process ? Yes
* Is healthcare surcharge a must ? Yes
* If so, the start date is when her current leave expires to 3 years from that date as the end date ? Yes if that's 5 years on her current visa
* Does the company usually pay for the application fee and healthcare surcharge ? Not generally. This is the choice of the employer
* I hear the new rules say, you can only stay for max 6 years in T2G and need minimum of 35000 GBP/annum for settlement ? so does that mean when she applies in 3 years time her salary need to be that or has to be that for all the qualifying 5 years ? There are others on the forum better placed to advise on this.
* How does the year long maternity leave work in this 5 year T2G route ! is there anything to be careful of not to fall out of the law in 5 years time when she applies for ILR ? Again, wait for others to advise.

Thank you.

[clari12]

* The start date is when her current T2G expires( she initially got for 3 years from India, expiring in 2017). So wouldn't the end date be 2020 if its renewed for 3 years which I presume is what is going to happen ? ( where do I check if its 5 years, sorry didnt understand your reply)

Thanks again Casa, you been really helpful.

Any advice on the maternity leave, side of things mods ? thanks.

[CR001]

* The start date is when her current T2G expires( she initially got for 3 years from India, expiring in 2017). So wouldn't the end date be 2020 if its renewed for 3 years which I presume is what is going to happen ? ( where do I check if its 5 years, sorry didnt understand your reply)

Thanks again Casa, you been really helpful.

Any advice on the maternity leave, side of things mods ? thanks.

The start date of her extension visa will be the date that HO approves the visa. It is not dated for the day of or the day after her current visa expires. She can apply in person for a same day decision if she wishes to, she does not have to apply by post only.

Maternity is fine on Tier 2 G, the rules permit this.

She needs to earn £35k or the slight increase by then when she qualifies, to apply for ILR.

Immigration health surcharge is mandatory, she cannot submit her application if she does not pay it.

Most employers DO NOT pay the immigration health surcharge.

From April 2017, the Employer also has to pay the immigration skills levy.

I have moved your topic to the Tier 2 forum, which is more appropriate.

[clari12]

Thank you CR001..

* I was talking about the start/end date I need to put on the Immigration health surcharge page to calculate the cost ? Wouldnt it be the last day of expiry in 2017 and the date 3 years from now to calculate the cost ?



* To renew T2G i understand there is no need of RLMT by the employer, but is there a requirement
* for a UK NARIC letter as it wasnt a must when applying from India(only showed the letter from uni saying the course was taught in English as I remember)
* to Show 945 in savings last 90 days ?
* She will be in her maternity leave when its time to renew her T2G. hope the employer will do it online as the time comes !!..Is there anything I need to be aware of rules wise or make them aware of..

Thank you