Tier 1 to ILR Continous Period counting backwards

I am waiting for your reply...

It sounds like a warning, admitting the offence could mean it will be treated akin to a caution which, if recorded on your criminal record, is a general grounds for refusal for ILR for 2 years. However, get clarification from them, if they say it's not a caution, then you should be ok,

Thanks Amber.

I've spoken to one of the solicitor and he mentioned that now it needs to be disclosed. Considering that if this is a caution.

As you said general grounds of refusal, is it a mandatory refusal or discretionary? So if I explain the situation in the covering letter and even then they decide to refuse, would they refuse both main applicant and dependent or just dependent (considering no refund will be made)?

If recorded on your criminal record, mandatory refusal. If a ILR decision has not been made it may be varied to an extension.

So refusal for both, main and dependant?

How do you mean if decision is not made?

An application can be varied at any point until the decision.

Is it a spent or unspent conviction. I've read somewhere they care about unspent conviction whereas this type of conviction is spent immediately. What's your view on this? Do you think if it is spent it should not be a major issue?

Spent or unspent is irrelevant.

Thanks.

Wondering what options do we have now? It would be the same case for Tier 1 Extension (they have the same rule but 12 months wait).

Could you please enlighten me?

Amber can you please look at my query

I'm thinking of following options:

1) I will apply for ILR first - Does it impact my wife's current Tier 1 dependent visa - valid until Jan next year?
2) Can I then extend her Tier 1 Dependent visa after I get ILR? OR does it need to be FLR (M) but that could reset her clock and she has to wait 5 years to get ILR?


Please respond

A PBS dep can extend anytime before expiration of leave insofar as the spouse/partner applied for ILR as a PBS applicant.

OK

In my case both of us have the same expiry of Tier 1 General - so If I get ILR then it means she cannot get her Tier 1 Dependent extended and it has be FLR(M)?

You apply for their extension before it expires!

Amber thanks

I need bit more description on your answer I would really appreciate your help.

So I understand your answer as : I can apply for her tier 1 extension before it expires even after I get the ILR?

Also, is this caution going to be an obstacle in this extension?

I have visited 3 solicitors yesterday (people say they are well known for good work) and surprisingly all of them gave me different advice, although at some point I felt that I have just been wasting time and money (consultation fee x 3 ).

So here is the summary of advice from solicitors

1) Someone said I don't have to disclose this as 28 days are not elapsed from the date of warning, but then he contradicted himself by saying "oh but there is a high risk of refusal" which I already knew :s and applying together would result in both of us getting refusal.

2) I was told that my wife cannot apply for extension of her current Tier 1 dependant visa at all after I get the ILR due to the reason that main applicant will no longer be under PBS system. Also there is a 12 months wait under tier 1 extension if you have a caution. Also, he said my wife can only apply for tier 1 dependant extension if she has not hit the qualifying period (which is 2 years in our case) - very confusing :s

3) They said I should consider applying for my ILR first and then apply for her FLR (M) and this is the only safest option, but they also said it will reset her clock which mean she will have to wait for 5 years because time spent under PBS dependant cannot be amalgamated.

4) at the end, they talked about my baby who is born in UK and they said he cannot apply to register as a British Citizen even after my ILR - I left the room after this answer because at this point I was 100% sure that this is not true.

I am hoping to book another appointment today with someone else, but at the same time I expect some help on this forum.

I would appreciated if I could get some answers in details.


Could you please clarify aforementioned points?

Amber

Could you please shed some light on point 2 and 3 please.

I have already told you a PBS dep can extend as a PBS dep where the main applicant has settled as a PBS applicant.

Thanks Amber.

That certainly helps but the other part is does this warning would prevent Tier 1 dependant extension? Is ther any 12 months mandatory wait?

2) As my wife is eligible for ILR, so can I just apply my ILR first and then apply hers one day later(in this case I will be ready to take the risk, the reason is one solicitor said that this warning (Scottish fiscal) may be ignored on discretion ) ? Would that be set (o) and is it actually possible?

The PBS dep can extend up until leave expires and apply for SET(O) on you are settled and she is eligible.

Thanks Amber.

I am really shocked that none of these solicitors knew that my wife could apply separately on set(o) form for ILR. I am surprised and don't have words... Even though I was told that if I get the ILR and not apply Flr(m) within a week then her current tier 1 dependant visa could be curtailed..


Ok so I am going to do :

1) I will apply first for my ILR via PEO on SET(o)
2) I will then book another PEO appointment for my wife's ILR on SET(o) because her current leave is vail until next year so enough time there, if it gets refused then I will apply for her extension of tier 1 dependant- I hope there is no unforeseen complication with this e.g will they ask why did you not apply together for ILR in first place etc..

Is it making sense Amber?

No, they should not.

Amber,

I've spoken to someone in the Homeoffice I literrally read the letter on the phone and they said its disclosable and will not effect our ILR.
In your experience do you think i can take this for granted?

cheers

Wouldn't listen to anyone at a call centre, I did advise you to see a solicitor.

Thanks Amber.

I have taken an advice from three different solicitors today and they all think I should be OK with my application. They have seen the letter and they think it should be successful.

Then that should be sufficient for you to make a decision.