TIER 2 ICT ( Long Term ) - to ILR in 5 years

[wiqram]

Happy if anyone of the experienced members can comment and confirm on the below query -->

I entered in the UK in OCT 2007 on WP, since then after multiple extensions I have a TIER 2 ICT (long term) currently. I am eligible for ILR in Sept 2012 (this year).

The query is -
I got married in June 2010 and my wife joined me as a dependant in August 2010. As she found a job in UK, she went back to india in August 2011 and got herself a TIER 2 General stamped (as her employer was willing to sponsor a T2 G).

Now when i apply for ILR, can i apply for my wife as well as an ILR dependant? The reason i ask is because she is on Tier 2 General currently and not sure if she can switch within UK as ILR dependant.

Me and my wife will have been stayed together in UK for more than 2 years this september and have enough proof to show the same.

Expert advice on the above will help me a lot. Thanks in advance !

[geriatrix]

Now when i apply for ILR, can i apply for my wife as well as an ILR dependant?

No.

she is on Tier 2 General currently and not sure if she can switch within UK as ILR dependant.

She may switch - after you have been granted settlement ..... but then she will have to spend another 2 years in the UK, under current rules, to be eligible for settlement.


If your wife travels back to her country of origin, applies for entry clearance as your dependant and (re)enters UK as a PBS dependant, and if you can provide evidence of cohabitation in UK for at least 2 years, then you may include your spouse in your settlement application as a dependant.

[wiqram]

Thanks Sush, you are as always helpful. So the option of her applying for ILR dependant while she is in T2 General visa is ruled out!

The only comment I have after seeing your response (below) is, cant my wife go to India to apply for ILR dependant after i get my ILR? Is there no way that she can move to my ILR dependant immediately after i get my ILR?

Now when i apply for ILR, can i apply for my wife as well as an ILR dependant?

No.

she is on Tier 2 General currently and not sure if she can switch within UK as ILR dependant.

She may switch - after you have been granted settlement ..... but then she will have to spend another 2 years in the UK, under current rules, to be eligible for settlement.

[geriatrix]

The only comment I have after seeing your response (below) is, cant my wife go to India to apply for ILR dependant after i get my ILR? Is there no way that she can move to my ILR dependant immediately after i get my ILR?

ILR dependant = leave as spouse of settled person or British citizen = limited leave for 27 months (if applied from outside UK) or 2 years (if applied from within UK). Your wife doesn't need to go to India to become "ILR dependant", she can do it from within UK after you have received settlement.

But, the only way for your wife to apply for settlement at the same time as you (as a PBS dependant) is the one that I have outlined in my previous response.

[wiqram]

The only comment I have after seeing your response (below) is, cant my wife go to India to apply for ILR dependant after i get my ILR? Is there no way that she can move to my ILR dependant immediately after i get my ILR?

ILR dependant = leave as spouse of settled person or British citizen = limited leave for 27 months (if applied from outside UK) or 2 years (if applied from within UK). Your wife doesn't need to go to India to become "ILR dependant", she can do it from within UK after you have received settlement.

But, the only way for your wife to apply for settlement at the same time as you (as a PBS dependant) is the one that I have outlined in my previous response.

Super Stuff Sush. That is what i am going to do now. Apply for my ILR and then switch my wife from Tier 2 G to ILR dependant after i recieve my ILR (if i have recieve my ILR !)

Thanks so much again Sush.

Best Regards

[wiqram]

The only comment I have after seeing your response (below) is, cant my wife go to India to apply for ILR dependant after i get my ILR? Is there no way that she can move to my ILR dependant immediately after i get my ILR?

ILR dependant = leave as spouse of settled person or British citizen = limited leave for 27 months (if applied from outside UK) or 2 years (if applied from within UK). Your wife doesn't need to go to India to become "ILR dependant", she can do it from within UK after you have received settlement.

But, the only way for your wife to apply for settlement at the same time as you (as a PBS dependant) is the one that I have outlined in my previous response.

Sush, now that there have been some changes to the rules for dependants, what would you suggest i do? Can i still continue for my ILR in sept and immediately after that apply for FLR (m) for my wife? can she then after 2 years apply for ILR?

your comments would be helpful, as always.

[wiqram]

The only comment I have after seeing your response (below) is, cant my wife go to India to apply for ILR dependant after i get my ILR? Is there no way that she can move to my ILR dependant immediately after i get my ILR?

ILR dependant = leave as spouse of settled person or British citizen = limited leave for 27 months (if applied from outside UK) or 2 years (if applied from within UK). Your wife doesn't need to go to India to become "ILR dependant", she can do it from within UK after you have received settlement.

But, the only way for your wife to apply for settlement at the same time as you (as a PBS dependant) is the one that I have outlined in my previous response.

Sush, now that there have been some changes to the rules for dependants, what would you suggest i do? Can i still continue for my ILR in sept and immediately after that apply for FLR (m) for my wife? can she then after 2 years apply for ILR?

your comments would be helpful, as always.

Sush, dont bother responding, i found my answer in one of your responses below -->
http://www.immigrationboards.com/viewtopic.php?t=103587