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Tier 1 General Child entry clearance expiry, both parents?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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hatooli3
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Joined: Tue Nov 18, 2014 9:50 pm

Tier 1 General Child entry clearance expiry, both parents?

Post by hatooli3 » Tue Nov 18, 2014 10:09 pm

The main applicant visa expires after 2 years, tier 1 parter dependent expires in 8 months.
I am applying for an entry clearance as tier 1 dependent for a new born baby overseas.

Which period will be granted ? The expiry on the main applicant viaa (2 years) or my wifes visa (8 months)?

In the tier 1 dependents guide:

Periods of grant
30.  We will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave,
except where the PBS migrant has been granted indefinite leave to remain. In these cases, we
will grant you a period of three years leave. An application for further leave may then be made if
required to take you up to the applicable qualifying period for indefinite leave to remain.
Applying

But in the immigration rule 319I:
319I. Period and conditions of grant
(a) Entry clearance and leave to remain will be granted for:
(i) a period which expires on the same day as the leave granted to the parent
whose leave expires first, or
(ii) Where both parents have, or are at the same time being granted, indefinite
leave to remain, or have since become British citizens, leave to remain will
be granted to the applicant for a period of 3 years.


So which is correct ?

Also, can my wife who haa valid tier 1 visa to apply for an entry clearance from outside the uk ? It is cheaper and quicker


Thanks

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 1 General Child entry clearance expiry, both parent

Post by vinny » Tue Nov 18, 2014 10:28 pm

319I(a)(i) would apply.
If your wife applies for a dependant entry clearance, then its expiry should be in line with yours (319D). However, it's unclear if her continuous leave will be broken as a result of applying for entry clearance. But as she still has leave for 8 months, there is a strong argument that it's not broken. Safest to get written confirmation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hatooli3
Newly Registered
Posts: 14
Joined: Tue Nov 18, 2014 9:50 pm

Re: Tier 1 General Child entry clearance expiry, both parent

Post by hatooli3 » Tue Nov 18, 2014 10:41 pm

vinny wrote:319I(a)(i) would apply.
If your wife applies for a dependant entry clearance, then its expiry should be in line with yours (319D). However, it's unclear if her continuous leave will be broken as a result of applying for entry clearance. But as she still has leave for 8 months, there is a strong argument that it's not broken.
319I a says for both entry clearance and leave to remain
So is possible for the child to have a visa that expires aftrr mother dependent visa ?

Also, regarding ILR, my wife already broke the 180 days rule. Btw does this affect my ilr application in the future ? As long as i have ILR (in the future) will i be able to get visa for them ?

Hold on, if i get ILR, what my wife will need to get ILR? Does she need to be here for 180 days a year ?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 1 General Child entry clearance expiry, both parent

Post by vinny » Tue Nov 18, 2014 11:23 pm

If you get ILR under PBS, then she would need to satisfy 319E to get ILR.

There doesn't appear to be a 180 days rule for dependants.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hatooli3
Newly Registered
Posts: 14
Joined: Tue Nov 18, 2014 9:50 pm

Re: Tier 1 General Child entry clearance expiry, both parent

Post by hatooli3 » Wed Nov 19, 2014 12:07 am

vinny wrote:If you get ILR under PBS, then she would need to satisfy 319E to get ILR.

There doesn't appear to be a 180 days rule for dependants.
I was talking about an entry clearance for a child, not my wife. My wife already has a dependent visa that expires before my visa,il my question was, for how long the grant will be valid for? in line with visa or his mothers visa which expires before my visa?

vinny
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Posts: 32802
Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 1 General Child entry clearance expiry, both parent

Post by vinny » Wed Nov 19, 2014 2:42 am

I thought that the 319I(a)(i) was explicitly clear. Child's leave would be in line with the parent's (i.e. mother's) leave that expires first.

If child was born in the UK, then it's different under 304-309.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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