ILR for Tier1 Dependant - Break in UK Stay and visa

visa_query · Post by **visa_query** » Sun Nov 09, 2014 8:54 pm

Hi ya,

I got the ILR. Having query on applying ILR for my wife (Tier1 Dependant). She had break in UK Stay and her visa extension. Bit Confusion on applying ILR for her. Given below the sequence of her visa dates. Can any one share the advice?

Her stay and visa dates
May-2010 Arrived UK on Tier2 Dependant visa
Jan-2011 Got Tier1 Dependant visa with-in UK
May-2012 Left UK
Jan-2013 Tier 1 Dependant visa expired, while outside UK
Apr-2013 Obtained Tier 1 Dependant visa outside UK
May-2013 Returned to UK

Can she apply ILR now, based on her initial stay of two years (May-2010 to May-2012)?
She has to wait (till May 2015) to complete 2 years on her current stay?
Will there any issue on her ILR, as Tier1 visa not renewed within 28 days of expiry, when she is outside UK?

Your response is very much appreciated

Thanks

bhp · Post by **bhp** » Sun Nov 09, 2014 10:46 pm

Because the tier-1 dependant expired whilst being out of uk and not obtained within 28 days of it expiring, the continuity period has been broken.

In May 2018, the dependant will become eligible for ILR but the problem is that ILR is closing for Tier-1 on 6th April 2018. I am not sure whether the dependant will ever get ILR now.

Experts please comment.

Post by **vinny** » Sun Nov 09, 2014 11:07 pm

vinny wrote:Unfortunately, it's unclear if continuous leave is broken when applying for an entry clearance.

ILR closing for Tier 1 (General) shouldn't be a problem for PBS dependants, provided that the Tier 1 (General) holder obtained ILR.

visa_query · Post by **visa_query** » Mon Nov 10, 2014 9:02 pm

Hi Vinny & bhp,

Thanks very much for the response.

1) her current visa expires on Oct 2015. May know, which visa she needs to go till May 2018?

2) My children are in Tier1 Dependant visa now. If I go for naturalisation next year, will my children eligible for UK passport or they have to wait till both (Father & Mother) has completed the naturalisation ?

Thanks in advance

s_z · Post by **s_z** » Mon Nov 10, 2014 10:00 pm

Hi
Posting First time in this Forum...i entered uk in Nov 2010 as psw dependant..i got Tier 1 pbs dependant Visa in july 2011 valid till june 2013.in may 2013 applied for extension and got Visa till July 2016.during this my husband gained his indefinite on 10year Basis in April 2014.i travelled out of uk in july2014.What options Do i have to travel back?i read i cant Travel on my existing visa.converting to flr m is taking 6 months time from here..
Regards

Post by **vinny** » Tue Nov 11, 2014 1:36 am

visa_query wrote:Hi Vinny & bhp,

Thanks very much for the response.

1) her current visa expires on Oct 2015. May know, which visa she needs to go till May 2018?

2) My children are in Tier1 Dependant visa now. If I go for naturalisation next year, will my children eligible for UK passport or they have to wait till both (Father & Mother) has completed the naturalisation ?

Thanks in advance

1. See also Dependent not eligible for ILR,what Visa should we apply for.

2. UK-born children are entitled to register immediately.

Non UK-born children should wait. They are also expected to have ILR before registering.

Post by **vinny** » Tue Nov 11, 2014 2:00 am

s_z wrote:Hi
Posting First time in this Forum...i entered uk in Nov 2010 as psw dependant..i got Tier 1 pbs dependant Visa in july 2011 valid till june 2013.in may 2013 applied for extension and got Visa till July 2016.during this my husband gained his indefinite on 10year Basis in April 2014.i travelled out of uk in july2014.What options Do i have to travel back?i read i cant Travel on my existing visa.converting to flr m is taking 6 months time from here..
Regards

319C(b) fails. Probably safest: Apply to join family living permanently in the UK under Appendix FM.

s_z · Post by **s_z** » Tue Nov 11, 2014 10:27 am

Thank you for your reply vinny.
I have a residence permit till July 2016.is it invalid now?can you please quote the respective immigration law?what if I come back on this visa and apply for flr m from uk?

Post by **vinny** » Tue Nov 11, 2014 11:03 am

If 319C(b) fails, then they may refuse entry due to a change of circumstances or purpose. However, you may get away with a warning.

s_z · Post by **s_z** » Tue Nov 11, 2014 11:30 am

What do you mean by If 319 c fails??
Can you please elaborate?

Post by **vinny** » Tue Nov 11, 2014 11:51 am

319C wrote:(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant: or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules; or
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant and where the applicant is applying for further leave to remain and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant, or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

None of the clauses in (b) are satisfied. Your spouse was not granted ILR as a Relevant Points Based System Migrant under 319E, but under Long residence. So, (iii) did not help.

Therefore, I think 319C(b) fails. Hence, 319C fails.

masiddiq06 · Post by **masiddiq06** » Tue Nov 11, 2014 12:10 pm

Post by vinny » Sun Nov 09, 2014 11:07 pm

vinny wrote:Unfortunately, it's unclear if continuous leave is broken when applying for an entry clearance.

ILR closing for Tier 1 (General) shouldn't be a problem for PBS dependants, provided that the Tier 1 (General) holder obtained ILR.

Hi Vinny,

Can you please tell me, how much maintenance funds you maintained for your newborn visa? did you send the original passport of parents? I will really appreciate your help.

Thanks,

s_z · Post by **s_z** » Tue Nov 11, 2014 9:54 pm

Hi vinny
I got my First pbs dependants Visa in 2011 that is before 9july 2012.I have read that rule doesnt Apply to before 9 july applications ..is that so ?is my Visa still valid?

Post by **vinny** » Tue Nov 11, 2014 11:41 pm

Unfortunately, you no longer meet the requirements for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant (319C). So, I believe that your Entry clearance may now be invalid for entry.

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