Work permit to HSMP dependant switch - clock starts again?

[captain74]

Hi All

I and my wife both have ILR and are looking to apply for nationality soon.

I recently noticed that while my wife could apply for ILR as my dependent, she now needs to apply as an individual for the nationality. This is causing me some confusion / concern with regards to the calculation of residency period for her application.

Here is the situation - we entered the UK in March 2004 as a student (self) and dependent (wife). In Oct 2004, my wife obtained a work permit and I became her dependent. Once I had completed my studies and obtained permanent employment, I changed over to HSMP and my wife became my dependent again as HSMP afforded more flexibility on the work front.

Both I and my wife had to return to India to make the switch to HSMP. We, however, did it at different times. I switched in Jan 2006 while my wife switched in July 2007.

Now I complete my 5 year residency for nationality application purposes in Jan 2011.

I am not sure, however, when the five year qualifying residency period should be counted from in case of my wife? Should it be July 2007? Or can her presence in the UK before that on her work permit be counted?

Can someone please advise?

Many thanks and regards

[vinny]

Or can her presence in the UK before that on her work permit be counted?

Yes.

[captain74]

Thanks Vinny