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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Me and my wife are Indian nationals and currently working

Customer Question

Hi,

Me and my wife are Indian nationals and currently working full time in UK. We both have our own individual (and independent) Tier-1 General Migrant Visa.
I had entered UK on Work Permit on 1 Feb 2009 and switched to Tier-1 General Visa in May 2009, there after have renewed my Tier-1 in May 2012.My current Tier-1 visa is valid untilMay 2014

My wife had applied her own independent Tier-1 Gen Visa in 14 Jan 2009 in India. We got married in June 2009 and she came to UK on 2 JUl 2009. Thereafter, she has renewed her visa in Jan 2011 and is valid till 14 Jan 2014.


My questions are:

1. I am eligible to apply for Indefinite Leave to remain (ILR) when I complete 5 yrs in Jan 2014. Can my wife apply as my dependant in the ILR visa application in Jan 2014. The intention here is to save an extra Tier-1 renewal for her.

2. If the answer to above question is NO, then is there any other way to get ILR for her without extending Tier-1 as she entered UK less than 6 months after getting Tier-1 Visa.

3. We plan to go to India and intend to return in 1st week of Jan. My wife's visa is valid till 14 Jan 2014. Will there be any problem at the immigrations on our return to UK, due to very less time period left in the visa. My wife will apply in person (PEO) either for renewal of Tier-1 or my ILR dependant, depending on the answer to Q1.

Many thanks.
Kishore
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Kishore

Thanks for your patience.

Obviously, your combined time on your work permit and tier 1 general visa mean that you can apply for ILR.

I am afraid that if your wife has not also completed 5 years in an eligible category at the date you apply for ILR then she will not be able to apply as your dependent. This is generally done where a person has travelled with their spouse as their dependent originally and so have completed the same amount of time in the UK.

Unfortunately, there is no getting around the fact that a person must complete 5 years in the UK in order to apply for ILR. So, the answer to your second questions is (unfortunately) no because her situation is not changed regardless of the fact that you will apply for ILR. She will have to apply to extend her visa.

The timing of the trip is pretty inconvenient. As you are no doubt aware the UKBA are entitled to refuse entry to a person if they consider that a breach of the immigration rules will occur. This includes overstaying. So, if they suspected that your wife was likely to overstay her visa then it’s possible that they could refuse entry.

However, as you are her husband it is less likely that she would be refused, because there would be a human rights element to consider.

My advice would be for her to prepare her application to extend her visa before she travels to India so that she has the completed form with her together with supporting documents. Importantly, she should also take evidence of the booking of appointment in person under the premium service. So, if any entry officer raises questions your wife can show that she has an appointment booked before her visa expires and also produce the application that she will submit. I would expect this to be sufficient for entry clearance purposes..


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello,


 


Many thanks for the prompt response.


 


So in our case what would be the best and cost effective way to go ahead - my wife should do Tier-1 renewal and I should go for ILR? or something else.


Further if we go that way, will there be anything of which we have to take care during citizenship?


 


Regards,


Kishore

Expert:  Thomas replied 1 year ago.
Hi Kishore,

I have a meeting now for an hour.

I will be able to reply to your further questions in about an hour or so..

Tom
Expert:  Thomas replied 1 year ago.
Hi,

The best way to go about it would be for you to apply for ILR.

You wife should apply to extend her Tier 1. She should NOT apply to switch to a spouse visa (ie. once you have ILR) because she would have to complete a further 5 years in the spouse visa category before applying for ILR.

The requirement to naturalise as a UK citizen are as follows:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

Really the things to be mindful of when applying for naturalisation is that you meet the good character requirements and have not spent more days than are allowed outside the UK.

Please remember to rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.

Thanks Tom.In that case,we will apply for my wife's Tier-1 extension right away, so that there is no problem after we return back from India and I will go ahead with ILR in Jan when i return.


 


I appreciate your swift and to the point response.I will give the feedback as well.


 


Should there be any other question,I shall come back to you.


 


Regards,


Kishore

Expert:  Thomas replied 1 year ago.
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