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Indefinite Leave to Remain and Tier 1 for Dependent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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goldenbat6
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Indefinite Leave to Remain and Tier 1 for Dependent

Post by goldenbat6 » Thu Aug 28, 2014 1:16 pm

My mother came to the UK in June 2010 as a dependnet to my father's Tier 1 General visa that still existed back then.

After the expiry of 3 years the Tier 1 General visa was not renewed but instead, my father applied for and was granted Tier 1 Entrepreneur visa in 2013 to which my mother was also a dependent.

The Entrepreneur visa will expire at the end of May 2016.

Unfortunately the relationship between my parents has broken down irretrievably and I am now seeking a way for my mother to obtain Indefinite Leave to Remain so that she can remain in the UK with myself (with ILR) and my brother (who will be eligible for ILR in January 2015).

So my first question is whether the separate 3 years under Tier 1 General and Entrepreneur visa totalling 6 years would make her eligible for ILR in any way.

Failing that, I would also like to know of any options we could explore to extend her leave to that she may qualify for the 10 year ILR ultimately and whether her children (both myself and my brother) having ILR would have any bearing on the matter.

Lastly, I would like to know whether a dependent can apply on her own for ILR without the main applicant.

Obie
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Re: Indefinite Leave to Remain and Tier 1 for Dependent

Post by Obie » Thu Aug 28, 2014 1:59 pm

How old are you guys now, and how long have you lived in the UK.

If your mum and dad split, it will be difficult for her to secure ILR on the basis of their relationship or as a dependent on you dad, but depending on your age and your length of time in the UK, this may help your mother.
Smooth seas do not make skilful sailors

goldenbat6
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Re: Indefinite Leave to Remain and Tier 1 for Dependent

Post by goldenbat6 » Fri Aug 29, 2014 10:27 am

Hello Obie

Thanks for your reply.

I am currently 28 years of age and my brother is 23 years old. I have been in the UK since January 2000 and my brother has been here since January 2001 (but will only qualify for ILR at the beginning of 2015 due to days outside the UK).

My parents haven't split and not sure whether they will since if they are to do this it would have to be back in our own country.

Thanks once again for your advice!

goldenbat6
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Posts: 17
Joined: Sun Dec 22, 2013 9:32 pm

Re: Indefinite Leave to Remain and Tier 1 for Dependent

Post by goldenbat6 » Mon Sep 01, 2014 4:48 pm

Hi again Obie

Thanks once again for your reply.

When you said that our age and time in the UK may help our mother, were you thinking of something along the lines of SET(O)?

Obie
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Re: Indefinite Leave to Remain and Tier 1 for Dependent

Post by Obie » Mon Sep 01, 2014 5:31 pm

Provided your father has no objection, both him and your mum will qualify for settlement in 2015.

I hope your father will have no issues with this as it seems both him and your mum lived together for more than 2 years.
Smooth seas do not make skilful sailors

goldenbat6
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Re: Indefinite Leave to Remain and Tier 1 for Dependent

Post by goldenbat6 » Tue Sep 02, 2014 9:38 am

Thank you Obie, once again for the answer above.

Sorry to be asking so many questions but may I ask on which basis both my parents will qualify for settlement in 2015 as in, what form should be used to apply for settlement in this case?

Is it all right that they have spent 3 years each under T1G and T1E respectively?

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