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Tier 1 Dependant When Spouse Gets Ilr

ILR Tier1 spouse

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#1 VJ Chandra

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Posted 19 December 2012 - 10:57 PM

Hi all,

I'm a bit confused from reading the various messages in this and other forums with respect to my situation.

My wife and I are on Tier 1. I had a work permit for 2 years prior to that and will be eligible to qualify for ILR in January. Note - I have extended my and wife's Tier 1 for an additional 2 years this year - so that's valid till 2014. I have a PEO appointment setup for myself. My wife will not have completed 5.3 years in the UK by that time - but will have completed 4 years.

My question is this - If I apply and get my ILR in January, What is the status of my wife? Will her Tier 1 dependant visa still be valid? Can she continue to work on that? What should she change her visa to? and When? I'm seeing information regarding 28 days, etc - so shoudl she submit her documents via post within 28 days of my getting ILR?

We plan to go on vacation outside the country in mid-february. If I have an ILR and she's still on Tier1 Dependent - can she re-enter the country? (validity of Tier 1 is till 2014) - can we tell the immigration folks that we plan to change her status after she comes back to the UK?

My plan of action was to get my ILR in Jan 2013, then apply for citizenship in Jan 2014. I'd then file papers for my wife after that for her FLR(M). I'd appreciate your thoughts on this.

a bunch of questions - but the first two are the most important. the citizenship plan is just out there for thoughts.

thanks,
VJ Chandra



#2 VJ Chandra

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Posted 19 December 2012 - 10:59 PM

A typo in my message above - which I can't edit.
I will have completed 5.3 years and my wife 4 years in Jan 2013.

thanks,
VJC

#3 srafiq29

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Posted 19 December 2012 - 11:23 PM

I strongly suggest you should get legal assistance. If some professional consultant see your papers and if you are applying ILR as PBS migrant, then your wife may be eligible to apply ILR with you ( if she passed LIUK test and fulfill general requirements). Regards

#4 VJ Chandra

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Posted 19 December 2012 - 11:23 PM

Right - just after posting this - I found some messages where my question 2 is clearly mentioned. That if we go on vacation - my wife may not be allowed back into the UK.

so - time to hunt for a PEO appointment for both my wife and me - or cancel the vacation. Just need to understand if my wife is eligible since she's been here for 2 years plus and we have cohabitation records, etc.

thanks
VJ Chandra

#5 VJ Chandra

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Posted 19 December 2012 - 11:24 PM

Thanks SRafiq. I'll have to get my wife to prepare and do her LIUK test. Lets see about the 2 years vs 5 years bit.

thanks
VJ Chandra

#6 srafiq29

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Posted 20 December 2012 - 04:28 PM

As I suggested earlier, if you consult some professional then you do not need to wait and leave everything right at the end. You will be amazed how useful it is in your case. At least document check will clear your doubts and you will be in right direction from the start. Some have very reasonable prices and no doubt consultants on this forum are very experienced in these type of applications.regards

#7 Victoria

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Posted 20 December 2012 - 05:41 PM

She will have problems coming back on her dependent visa if you have ILR by then.

If she switches to a spouse visa as soon as you have ILR she will get ILR faster.

#8 srafiq29

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Posted 21 December 2012 - 10:04 AM

The most important thing in this situation is either you applying ILR on the basis of 5 year stay in uk or 10 year long residency. You can find the answers of the following questions and find your route. Q.1 Are you applying ILR on the basis of 2 year WP and 3 year Tier 1? Q.2 Had your wife already spent 2 years in the UK as Tier 1 dependant ? Q.3. Had she entered UK before 9 July 2012? If all answers are in YES, then she may be eligible to apply ILR same time as you or soon after you . You can get assistance from consultants (white rose visas, skillclear , medi visas and others) on this forum. Regards

Edited by srafiq29, 21 December 2012 - 10:14 AM.





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