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Tier 1 (General) Dependent to ILR Dependent - Query

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

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sbasina
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Tier 1 (General) Dependent to ILR Dependent - Query

Post by sbasina » Sun Jul 19, 2015 7:31 pm

Hi..
My ILR is due in Feb 2016. My wife however, has lived in the UK since August 2013 (almost 2 years till date). She has her Tier 1 dependent visa valid until Feb 2017.

1. Can she apply for tier 1 dependent extension in Feb 2017 even though I'm on ILR, so that she can complete her 5 years in UK which is due by Aug 2018?

2. a)If she applies for ILR dependent along with me, will the no.of years of stay already completing till date be nullified and the 5 year tenor for PR eligibility for her be calculated from the date of ILR dependent approval?

OR

b) Will the total no.of days stayed in the UK be calculate as a combination of Tier 1 dependent visa + ILR dependent visa for her PR eligibility?

Please advice..
Thanks

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CR001
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by CR001 » Sun Jul 19, 2015 7:40 pm

1. Can she apply for tier 1 dependent extension in Feb 2017 even though I'm on ILR, so that she can complete her 5 years in UK which is due by Aug 2018? Yes, she can extend as PBS Dep shortly before her current leave expires and apply for ILR when she meets the requirements.

2. a)If she applies for ILR dependent along with me, will the no.of years of stay already completing till date be nullified and the 5 year tenor for PR eligibility for her be calculated from the date of ILR dependent approval? If she switches to FLR(M), she cannot count the almost 2 years she has already been here towards the new 5 years FLR(M) visa. Her clock will reset to zero if she switches and she will need 2 x 2.5 years visas before qualifying for ILR

OR

b) Will the total no.of days stayed in the UK be calculate as a combination of Tier 1 dependent visa + ILR dependent visa for her PR eligibility? No, she cannot combine PBS Dep and FLR(M) time to make up 5 years. She needs 5 years alone in either category.
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sbasina
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by sbasina » Sun Jul 19, 2015 7:48 pm

Thanks for your reply...its appreciated.

Well, then...

1. Will she be able to travel with her PBS dependent visa with out any problems until she is eligible for her ILR?

2. As ILR for Teir 1 General is being stopped from Apr 2018, will that impact the dependents as well? Because she will complete her 5 yrs as a PBS in Aug 2018.

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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by CR001 » Sun Jul 19, 2015 7:50 pm

1. She should have no problems traveling on PBS Dependent.

2. Think PBS Dependents are still ok after this date to get ILR.
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sbasina
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by sbasina » Sun Jul 19, 2015 7:53 pm

well I think so too... :D

thanks a ton

kvishal23
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by kvishal23 » Tue Jan 19, 2016 3:21 pm

I am not sure, as i was given a very hard time by the Border Control last week when i was returning from India with my wife.

I am a PBS dependent on my wife and my wife last year got ILR, since i was not eligible i extended my PBS [b][u]after [/u][/b]she got ILR.

Till then no issues.. when we returned from our vacation last week, i was stopped and questioned how can i have a PBS dependent when my wife is no longer on PBS as she has moved to ILR.
even after telling them that your Home office has processed the visa and given me, the border control officer was not convinced.

He finally let me in after speaking to his superiors but asked to contact Home office to sort out my situation.

i am not sure what to do as there are contradicting opinions flying around....anybody with some expertise please help...

vizhy2016
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by vizhy2016 » Mon Jan 25, 2016 7:24 pm

sbasina wrote:
2. As ILR for Teir 1 General is being stopped from Apr 2018, will that impact the dependents as well? Because she will complete her 5 yrs as a PBS in Aug 2018.
Does this mean that a person who has started their stay her in UK as ILR dependent after Aug 2013 will not be able to apply for ILR after completion of their own 5 years as ILR dependent? is that rule not just applicable to main applicant only and not the dependents?

My wife will start her ILR dependent in 2016 which means she will complete her 5 years in 2021.. what does the ILR for tier 1 stopping in Aug 2018 interpret for her?

Thanks

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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by CR001 » Mon Jan 25, 2016 7:34 pm

vizhy2016 wrote:
sbasina wrote:
2. As ILR for Teir 1 General is being stopped from Apr 2018, will that impact the dependents as well? Because she will complete her 5 yrs as a PBS in Aug 2018.
Does this mean that a person who has started their stay her in UK as ILR dependent after Aug 2013 will not be able to apply for ILR after completion of their own 5 years as ILR dependent? is that rule not just applicable to main applicant only and not the dependents?

My wife will start her ILR dependent in 2016 which means she will complete her 5 years in 2021.. what does the ILR for tier 1 stopping in Aug 2018 interpret for her?

Thanks
Your post is confusing. Can you please continue asking your questions in your own thread.

http://www.immigrationboards.com/immigr ... l#p1294032
Char (CR001 not Casa)
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sambloom
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by sambloom » Mon Jan 25, 2016 8:05 pm

Hi, I wanted to apply for my wife's ILR as my dependent. Details:I was on Tier-1(HSMP)- got ILR on November-2012Wife first Entry clearance as Tier-1 Dependent- 05/12/2011Applied her PBS extension and granted the same after my ILR on 13/02/2012 to 13/02/2016. She has completed LIUK and her Masters NARIC for english language CI.Am I right to apply her ILR as 2 years route using SET-M form?Please advise.thank you.

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CR001
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by CR001 » Mon Jan 25, 2016 9:13 pm

sambloom wrote:Hi, I wanted to apply for my wife's ILR as my dependent. Details:I was on Tier-1(HSMP)- got ILR on November-2012Wife first Entry clearance as Tier-1 Dependent- 05/12/2011Applied her PBS extension and granted the same after my ILR on 13/02/2012 to 13/02/2016. She has completed LIUK and her Masters NARIC for english language CI.Am I right to apply her ILR as 2 years route using SET-M form?Please advise.thank you.
It is Set(O) if she is a PBS Dependent visa holder.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sambloom
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by sambloom » Mon Jan 25, 2016 9:50 pm

Hi CR001,

Her biometric card says Pbs dependent from 02/2013 to 02/2016, while initial entry clearance was tier-1 general partner 05/12/2011, I already had my ILR when i applied for her extention.

Is she still qualify under 2 year route, rules previous to 09/07/2012?

Thank you,

vinny
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by vinny » Mon Jan 25, 2016 11:10 pm

kvishal23 wrote:I am not sure, as i was given a very hard time by the Border Control last week when i was returning from India with my wife.

I am a PBS dependent on my wife and my wife last year got ILR, since i was not eligible i extended my PBS after she got ILR.

Till then no issues.. when we returned from our vacation last week, i was stopped and questioned how can i have a PBS dependent when my wife is no longer on PBS as she has moved to ILR.
even after telling them that your Home office has processed the visa and given me, the border control officer was not convinced.

He finally let me in after speaking to his superiors but asked to contact Home office to sort out my situation.

i am not sure what to do as there are contradicting opinions flying around....anybody with some expertise please help...
It's unfortunate that this Immigration Officer was insufficiently trained.
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vinny
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Re: Tier 1 (General) Dependent to ILR Dependent - Query

Post by vinny » Mon Jan 25, 2016 11:24 pm

sambloom, please continue in your previous topic.
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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