Tier 1 dependent to ILR dependent

wins7031 · Post by **wins7031** » Wed Apr 03, 2013 2:31 pm

Hi,

I would really appreciate some expert advice.

I am due for ILR in July 2014 under the Tier 1 General 5 year route. My wife has been on my dependant visa since Nov 2012. Prior to that, she has been on a student visa (2009) and Post Study work visa (2010) in the UK.

As she received her dependant visa after the July 2012 rule change my queries are:
- What are her visa options? I assume she cant apply as an ILR dependant with me
- If not ILR dependant then under what visa category can she apply and for how long will that be valid
- Is there a consideration in her case as she has been here since 2009.

Would really appreciate your advise

Regards
Wins

wins7031 · Post by **wins7031** » Wed Apr 03, 2013 5:19 pm

Just to add to my previous query

We got married in May 2011 and have been living together in UK since. From May 2011 to Oct 31st 2012 she was on PSW visa. From 1st Nov 2012 onwards she has been on Tier 1 dependant visa.

As explained earlier, my ILR is due on July 2014 by which time we would have been together for 3yrs and 2 months. Given this, is she eligible for ILR with me?

I ask this question as the person in the below thread was in a similar situation to mine. Would really appreciate your advice

http://www.immigrationboards.com/viewto ... +dependant

vinny · Post by **vinny** » Wed Apr 03, 2013 9:39 pm

No. She needs to satisfy 319E before she may apply for ILR. She may continue to apply for leave as a PBS dependant (319C) prior to the expiry of her leave.

wins7031 · Post by **wins7031** » Thu Apr 04, 2013 8:50 am

Hi Vinny,

Thanks for your reply. Given this, will she have to use form FLR (M) to apply? Also would one extension be enough or will she have to extend it twice?

Kindly advise

Regards - Wins

vinny · Post by **vinny** » Thu Apr 04, 2013 9:49 am

wins7031 wrote:Given this, will she have to use form FLR (M) to apply?

No.

wins7031 wrote:Also would one extension be enough or will she have to extend it twice?

319D(a)(ii).

wins7031 · Post by **wins7031** » Thu Apr 04, 2013 9:53 am

Hi Vinny - If not FLR, then what form should she use?

Regards - Wins

vinny · Post by **vinny** » Thu Apr 04, 2013 12:16 pm

vinny wrote:No.

Click on the given link for more information.

wins7031 · Post by **wins7031** » Sat Apr 06, 2013 9:16 am

Hi Vinny - Could you advise which form then please.

She will be applying for extension only after I recieve my ILR. That is the reason why I am confused whether she needs to use FLR form or Tier 1 dependent extension form

Do advise

Regards - Wins

vinny · Post by **vinny** » Sat Apr 06, 2013 9:25 am

vinny wrote:She may continue to apply for leave as a PBS dependant (319C) prior to the expiry of her leave.

Click on links for more information.

wins7031 · Post by **wins7031** » Sat Apr 06, 2013 10:15 am

This is where my confusion is. Why should she apply for a PBS Dependant when by the time of her renewal, I would have my ILR?

wins7031 · Post by **wins7031** » Sat Apr 06, 2013 10:48 am

Hi Vinny - I just want to add to my previous post before you wrote your reply.

I tried looking at various forums & ukba guidance but didnt have any luck with the confusing jargon. This has eventually led me to write a post here. I am hoping that you or any other moderators could provide me with a simple and straight forward answer rather than pointing me back to ukba's confusing links.

Hoping to hear from you

vinny · Post by **vinny** » Sat Apr 06, 2013 12:32 pm

It's explained in the Explanatory Memorandum.

wins7031 · Post by **wins7031** » Sat Apr 06, 2013 1:45 pm

Can you just tell me which form to use. Thats all.

As I said earlier, I just cant make heads or tails of all the UKBA jargon that you are pointing me to.

vinny · Post by **vinny** » Sat Apr 06, 2013 1:57 pm

vinny wrote:
vinny wrote:No.
Click on the given link for more information.

The form is on the top right hand side of the linked webpage.

wins7031 · Post by **wins7031** » Sat Apr 06, 2013 2:01 pm

Again I ask why Tier 1 dependant since she will be applying after I get my ILR.

vinny · Post by **vinny** » Sat Apr 06, 2013 2:14 pm

The simple and straight forward answer is that the rules permit it.

wins7031 · Post by **wins7031** » Sat Apr 06, 2013 2:23 pm

Thanks Vinny. You have been helpful

vinny · Post by **vinny** » Sat Apr 06, 2013 2:29 pm

319C(b) and 319D(a)(ii) and 319E(b); 319H(b) and 319I(a)(ii) and 319J(b).
*Update1*. *Update2*

vinny wrote:It's explained in the Explanatory Memorandum.

Explanatory Memorandum > 7.17-7.21 wrote:Dependants of Points Based System Migrants

7.17. Partners of Points Based System migrants who entered the UK after 9 July 2012 are now required to complete a five year probationary period before they can apply for settlement. Where the main Points Based System migrant obtains settlement prior to their partner, these changes will enable the dependant to obtain a grant of further leave to remain in the Points Based System dependant category, rather than requiring the partner to apply for leave to remain as the partner of a person who has subsequently settled.

7.18. Where the Points Based System migrant has obtained settlement and their partner applies for further leave to remain as a Points Based System dependant, the duration of any leave will be for three years at a time to allow for the possibility that the partner will not meet the requirements for settlement on completion of the five year probationary period.

7.19. These changes also allow a PBS Migrant’s partner to amalgamate leave granted to them as the dependant of a Relevant Points Based System Migrant, together with any leave granted to them as the spouse, civil partner, unmarried or same-sex partner of that same person when they held leave under another category of these Rules, and count that towards the probationary period for settlement.

7.20. Changes are also being made to the rules for children of Points Based System Migrants (paragraphs 319F to 319J) to enable a child to join his parents in the UK after the Relevant Points Based System Migrant has been granted settlement and to provide that, unless the Relevant Points Based System Migrant has sole parental responsibility, a child should not be granted settlement in the UK until both his parents are settled or about to become settled. These changes close a lacuna in the existing provisions and ensure consistency with the Family rules (Appendix FM).

7.21. A minor, technical change is being made to the transitional provisions in HC 194 to make absolutely clear the interaction between Part 8 of the Rules and the new Family Migration Rules which came into force on 9 July. The change makes it clear to applicants that paragraphs 319AA-319J in Part 8 of the Rules continue to apply, to applications made on or after 9 July 2012, by persons who have made an application for entry clearance, leave to enter or remain as the spouse, civil partner, unmarried partner, same sex partner, or child of a Relevant Points Based System Migrant and that those Rules are not subject to any additional requirements listed in Appendix FM.

Bereaved family members may not apply for indefinite leave to remain, if the former PBS Migrant dies.

E-BPILR.1.2 wrote: The applicant’s last grant of limited leave must have been granted under this Appendix as-

(a) a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
(b) a bereaved partner.

Antolarain1981 · Post by **Antolarain1981** » Thu Jun 06, 2013 12:14 pm

Hi wins7031,

Can you please let me know what application you made for your wife. I am in same situation and planning to do a Tier 2 ICT dependency extension if that's permissible

wins7031 · Post by **wins7031** » Thu Jun 06, 2013 8:02 pm

Hi - I havent made my application yet. It is due next year in July

Antolarain1981 wrote:Hi wins7031,

Can you please let me know what application you made for your wife. I am in same situation and planning to do a Tier 2 ICT dependency extension if that's permissible

vinny · Post by **vinny** » Sun Sep 01, 2013 11:35 pm

wins7031 wrote:Hi Gurus

Could you kindly advise me

I am due for ILR in July 2014 (under Tier 1 General 5 year route). My wife has been my dependant (Tier 1 General dependant) post July 2012 and her visa is due for renewal in Sept 2014

We are now expecting a baby which will be born in UK in February 2014. I am aware that should any 1 parent get ILR, the child qualifies for BC

As the main applicant, what is the ideal route I should take under present rules? Should I apply first and then apply BC for baby and then FLR (M) extension for wife or is there a way where it can all be done jointly in one application / process?

Once again, I would really appreciate your advise

Regards
Wins

wins7031 · Post by **wins7031** » Sun Sep 01, 2013 11:47 pm

Vinny - coming back to my previous thread, what would be the best option be for us considering we are expecting a baby before my ILR? Our plans are for our child to apply for BC as he will be born here

Could you advise

vinny · Post by **vinny** » Sun Sep 01, 2013 11:48 pm

Your choice

vinny · Post by **vinny** » Sun Sep 01, 2013 11:53 pm

No problems for baby, if born in the UK.

wins7031 · Post by **wins7031** » Mon Sep 02, 2013 12:00 am

Appreciate your response Vinny

So what I have understood is that first I apply for ILR, after approval then baby applies BC using form MN1 then Tier 1 extension for wife - Is this correct

Another question: Where can I find form MN1? Is this again a process that has to be done in the post with my passport included alongwith?

Can you also tell me who is FLR (M) for?

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