Spouse moving from independent T1 to T1 dependant

[ChromaticMind]

Hello everyone,

I will be really grateful if someone could take the time to answer my question. I've search this forum and others extensively in vain and it seems our case is fairly unique.

I have received a biometric 3yr extension to my Tier-1 (G) visa on 26-Aug-2012 and have held the T1(G) visa since 10-May-2010. This is valid until Aug-2015 when I'll have completed 5yrs on T1-G and will be eligible for ILR.

My wife is on the first leg (2yrs) of her Tier-1 (G) which expires in Feb-2013 but she will not make the £35,000 threshold to qualify for the 3yr extension. She has been on this T1-G since Feb-2011 (2yrs completed in Feb13) and was on the PSW Visa for 2yrs prior to that.

So the obvious route here seems to be that I should get her to switch onto my T1-G visa as a dependant. Now, where it gets confusing is this new 5yr probationary period rule of 9-Jul-2012.

a) If I switch my wife from T1-G to a dependant on my visa, as she has already been on the T1-G for 2yrs and will be a inside-UK applicant, will the 5yr probationary period apply to her?

b) If yes, then would her 2 years already spent on T1-G get included in the 5yr probationary period? Will she be eligible for ILR when I am too in 2015 or will she have to wait until 2017?

c) What if she has to wait until 2017, can I still go on and get ILR or do I have to wait with her as well?

d) If she has to wait until 2017 and I can go ahead, then what will her visa status be during the period of 2015-2017?

I hope you can help me with this, as if we have to wait until 2017 to get to ILR together, then we still have time now to get her to accumulate her previous earnings up to £35k and for her to go down the independent path rather than become my dependant.

Or is there another way that I am not seeing?

Thanks!

[Lucapooka]

a) She would have to apply outside the UK and she would begin a five year period of leave before being eligible for ILR

b) See above

c) You can get ILR when you become eligible.

d) Limited leave to remain as the partner of a person who is settled in the UK.

[ChromaticMind]

Hey Lucapooka,

Thanks for your reply.

I'm a bit confused.

Look here:
1 - Link - http://www.ukba.homeoffice.gov.uk/sitec ... dependants
2- Application form - http://www.ukba.homeoffice.gov.uk/sitec ... ation1.pdf
3- Form Guidance - http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

These are forms (updated 4-09-2012) that we are supposed to use to switch her to a dependant status from her T1-(G) from within the UK.

As this contradicts your answer to point (a) (and then by reference the rest of them too), could you please look into my questions again? Perhaps you've made a mistake?

Thanks again for your response!

[Lucapooka]

Dependants can apply from inside the UK if they are already dependants inside the UK. The forms you have cited are for extensions by pre-existing dependants rather than those who are not but wish to switch into that category.

Open the policy guidance for PBS dependants and search for switching.

[ChromaticMind]

Hey,

Thanks for pointing that out, it saved us a lot of wasted effort!

I'd be grateful if you could advise us for our next step:

a) She goes to India and applies as a dependant and comes back with 5yr probationary period. (Is there any way we can get her 2yrs spent here on Tier-1 count towards her 5yr probationary period at all??)

OR

b) She manages to complete her Tier 1 requirements and extends are Tier-1 by 3yrs and continues on individual route (is there any way she can apply with less than £35k and still make it?)

OR

c) A direction we are not aware off that you can point us in ?

Thanks!

[Lucapooka]

a) Only if you can invent a time machine and go back to any time before 9 July.

b) She needs to score the necessary points appropriate to her age and qualifications.

c) Switch into Tier 1 (Ent) and somehow manager to employ 10 people or make 5 million within the first 3 years.

[ChromaticMind]

Point (c) seems helpful.

I have 2 LTD companies (IT) of my own and am about to start another shortly (IT as well).

My wife already helps out part-time with the 2 companies, maybe I can get her as an employee will that help? Perhaps Tier-2?

I can also list her as a director/co-founder of the 3rd company, will that help?

Thanks.