Best course of action for wife on Tier 2, Husband on ILR

[musaadhaider]

Hi,

I moved to UK in April 2014 on Tier 2 General and got my ILR in April 2019.

I got married in Feb 2018 and my wife moved here on Tier 2 Dependent visa in April 2018. Her current BRP expires when my Tier 2 visa was set to expire, which is April 2020.

I plan to apply for British passport in April 2020 (one year after ILR). My wife and I both currently hold a Pakistani passport. Not sure if its relevant but I own my house in UK.

Now the problem is that I may need to move to Dubai next year as soon as I receive my passport for family reasons (parents in Dubai and too old to sustain daily life on their own). The move will be for a few years while they are with us (bless them) and I fully plan to settle in UK for the long term.

I dont know what is the best course of action for my wife. I want her to have the shortest and most hassle free path to ILR and then citizenship in UK as soon as possible. Plus she needs to be able to visit UK once/twice a year with me while we are in Dubai as we have other family here.

• Do I apply for an ILR dependent visa for her? This resets her 5 year Tier 2 counter to ILR but to my knowledge will establish a stronger link to UK as compared to Tier 2 dependent visa. Additional points related to this option are:
  (a) Someone also told me that when I get British passport, in 2021 she would have been married to a British citizen for 3 years and would have been ILR dependent for 1 year and hence eligible for passport too (if she has lived in UK for 9 months or more in the year before applying, of course). I am not sure if that is true though and that is one more point where I would like conformation
  (b) If she keeps visiting UK once or twice a year and shows links in UK, would her ILR dependent visa be renewable when it expires even if the point (a) above (married to British person for 3 years) doesnt pan out?

• Do I renew her Tier 2 dependent visa? Its the cheaper option given the visa fee and I believe its possible even though I am no longer on Tier 2 (confirmation pls) and then when her 5 years are up, she can apply for ILR waiving off the minimum number of days in UK requirement based on compassionate grounds (my friend successfully did that) showing that she had to move with me to be with my parents. Is that achievable?

• Do I let her leave expire and start the process from scratch when we move back to UK later in our life? That seems like a good option only if the above two have no chance of working out and I am advised that I'll be wasting money going for them

I need some advice please as the option we choose will determine how easy or painful our life will be when we move back to UK later in our life. We'll probably have kids too by then and smooth sailing without uncertainty of visas and current laws at that time will be a priority.

Thanks in advance.

[CR001]

Do I apply for an ILR dependent visa for her? This resets her 5 year Tier 2 counter to ILR but to my knowledge will establish a stronger link to UK as compared to Tier 2 dependent visa.

Your choice but PBS Dependent visas issued after 11 January 2018 have absence limits of 180 days in any 12 month rolling period, which would effectively reset her clock anyway.

(a) Someone also told me that when I get British passport, in 2021 she would have been married to a British citizen for 3 years and would have been ILR dependent for 1 year and hence eligible for passport too (if she has lived in UK for 9 months or more in the year before applying, of course). I am not sure if that is true though and that is one more point where I would like conformation

Nonsense. She needs 5 years residence as either PBS Dependent OR as Spouse settlement visa before she can apply for ILR. Only then can she apply for citizenship if she meets the 3 years residence and absence requirements.

(b) If she keeps visiting UK once or twice a year and shows links in UK, would her ILR dependent visa be renewable when it expires even if the point (a) above (married to British person for 3 years) doesnt pan out?

She needs evidence of residence for both of you for each extension and ILR as well as proof of UK income. Citizenship has different rules and for 3 years BC application, no more than 270 days absence in the 3 years and no more than 90 days in the final 12 months before applying.

Do I renew her Tier 2 dependent visa? Its the cheaper option given the visa fee and I believe its possible even though I am no longer on Tier 2 (confirmation pls) and then when her 5 years are up, she can apply for ILR on compassionate grounds (my friend successfully did that) showing that she had to move with me to be with my parents. Is that achievable?

Yes she can renew it, provided you got ILR based on tier 2 and not long residence. A PBS dependent visa will be a 3 years extension but she will be subject to the absence limits.

Do I let her leave expire and start the process from scratch when we move back to UK later in our life? That seems like a good option only if the above two have no chance of working out and I am advised that I'll be wasting money going for them

Probably the easiest if you are going to be away for 'a few years'.

[musaadhaider]

Thanks so much for the response. It is very much appreciated. Sorry about the late follow up question, but I just needed a bit of more clarification.

She needs evidence of residence for both of you for each extension and ILR as well as proof of UK income.

I take from this that even though her husband will be British, for her to be able to renew her spouse settlement visa, she will need to show a salary in UK to justify her link to UK and just owning a house in UK wont be enough?

Also, when a spouse settlement visa is extended, how long is it for. I am hoping 3 or more years.

Thanks again for your help.

[CR001]

She needs evidence of residence for both of you for each extension and ILR as well as proof of UK income.

I take from this that even though her husband will be British, for her to be able to renew her spouse settlement visa, she will need to show a salary in UK to justify her link to UK and just owning a house in UK wont be enough?

No, simply owning a house in the UK is not sufficient. For each extension and ILR, UK based income proof (payslips and bank statements and employer letter) are required in addition to 2 years evidence of cohabitation in both names to prove subsisting relationship.

Also, when a spouse settlement visa is extended, how long is it for. I am hoping 3 or more years.

A spouse settlement visa is issued for 2.5 years. She would need 2 x 2.5 years visas before she can apply for ILR.