Tier 1 General Dependent - ILR eligibility

[nadeemshafiq]

My status: WP-WP-HSMP-Tier 1 (general) - current visa expires Feb 2013

From what I have read through various posts, my wife who came to the the UK in February 2010 as HSMP dependent and currently is on Tier 1 General Dependent (expires Feb 2013) will not be eligible for ILR as she is not in the UK for more than 2 years.

I was eligible for ILR in August last year but could not apply for ILR. I am thinking of applying now in March through PEO Glasgow. My questions are:

1. Should I not mention anything about my wife anywhere in my application form at all, if she is not applying with me?

2. When I get ILR, do i need to switch my wife's visa to spouse or can she stay on her Tier 1 General until Feb next year when she will be eligible to apply for ILR.

3. Lastly, is it worth for me to apply for ILR now or should i just wait for another year and apply for ILR for myself and my wife at the same time (since out current visas expire in 2013). My concerns here is the changes in immigration laws that are taking place just now and it might become more difficult to settle in the UK in the future.

Thank you in advance for reading this and will appreciate response from experienced and knowledgeable members of the board.

Please let me know if you need further details.

[geriatrix]

From what I have read through various posts, my wife who came to the the UK in February 2010 as HSMP dependent and currently is on Tier 1 General Dependent (expires Feb 2013) will not be eligible for ILR as she is not in the UK for more than 2 years.

Yes, if you are not covered by HSMP JR.

Should I not mention anything about my wife anywhere in my application form at all, if she is not applying with me?

Does the form ask for details of someone who is not applying for settlement / named as an applicant? Read the form and guidance carefully beforehand, and answer questions appropriately.

2. When I get ILR, do i need to switch my wife's visa to spouse or can she stay on her Tier 1 General until Feb next year when she will be eligible to apply for ILR.

See also ILR-dependant

3. Lastly, is it worth for me to apply for ILR now or should i just wait for another year and apply for ILR for myself and my wife at the same time (since out current visas expire in 2013). My concerns here is the changes in immigration laws that are taking place just now and it might become more difficult to settle in the UK in the future.

No one can tell you today what the immigration rules may be in the future, so whether you'll be at an advantage or at a loss if you wait cannot be said.

Some people may tell you that more rules are expected to change in the near future (the common rumour doing the rounds, thanks to some, is that the qualifying residential period will be increased). My question is, how do they know?

And others may tell you that because of the changes being introduced from 06-Apr-11 the government will not (dare) make further changes to immigration rules in the near future yet again. While I hope that their prophecy comes true but my question (again) is, how do they know?

In short, make an informed decision that best suits your personal circumstances and personal objectives, and based on information that's accurate and available to you at the moment of decision time.


regards

[nadeemshafiq]

Thanks Sushdmehta,

The objective is simple. To get settlement quickly with minimum cost.

If I apply for ILR myself, it would cost me atleast:

£900 for my ILR
£500 for wife's FLR(M)
£900 atleast for wife's ILR next year

This does not include english language course fees that my wife would be required to do, in order to apply for FLR(M) (although she has passed life in the UK test but I do not think that counts towards FLRM).

If I apply next year the cost at present rate would be £1250 but no one knows what the requirements would be (i.e probationary citizenship for God knows how many years).

If my wife can stay legally in this country on Tier 1 dependent visa until she is eligible for ILR next february, that would be great. But I think that is not the case.

Also, i think I should highlight that my wife came to this country as HSMP dependent and then switched to Tier 1 dependent when I applied for extension in march last year. I dont know if this makes any difference.