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Am I eligible for applying ILR visa

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rosy143sonu
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Posts: 4
Joined: Thu Jul 09, 2015 12:11 pm

Am I eligible for applying ILR visa

Post by rosy143sonu » Thu Jul 09, 2015 12:16 pm

Hi, I am about to apply for my visa extension in next two month. My question is "am I applicable for ILR". Currently I am on tier2 dependent visa. My first entry to UK was on 3rd march 2012 as tier1 dependent, visa valid until 26th August 2012. I left UK on 25th august 2012 a day before my visa expiry and been to India for next 5 1/2 months. I have applied for my extension from India in January 2013 and got my visa in February 2013 as tier2 dependent (my husband changed his visa from tier1 to tier2) visa valid until September 2015. Again I am back to UK on 19th February 2013(out of UK for 176 days, less than 180 days). Thereafter, till date I am in UK. My husband is eligible for ILR now and my question is am I eligible for ILR.

Because as per home office website, dependents whose first entry to UK before July 2012 are applicable for ILR with 2 years of stay in UK. So does home office consider my first stay in 2012 or do they consider my 2013 come back as first entry. Please reply asap. Thanks in advance

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Am I eligible for applying ILR visa

Post by physicskate » Thu Jul 09, 2015 6:49 pm

rosy143sonu wrote:Hi, I am about to apply for my visa extension in next two month. My question is "am I applicable for ILR". Currently I am on tier2 dependent visa. My first entry to UK was on 3rd march 2012 as tier1 dependent, visa valid until 26th August 2012. I left UK on 25th august 2012 a day before my visa expiry and been to India for next 5 1/2 months. I have applied for my extension from India in January 2013 and got my visa in February 2013 as tier2 dependent (my husband changed his visa from tier1 to tier2) visa valid until September 2015. Again I am back to UK on 19th February 2013(out of UK for 176 days, less than 180 days). Thereafter, till date I am in UK. My husband is eligible for ILR now and my question is am I eligible for ILR.

Because as per home office website, dependents whose first entry to UK before July 2012 are applicable for ILR with 2 years of stay in UK. So does home office consider my first stay in 2012 or do they consider my 2013 come back as first entry. Please reply asap. Thanks in advance

You had to apply for new entry clearance from outside the UK, so no you are not eligible. Had you been in the UK and applied for an extension, then yes, you would now be eligible with your husband. You need 5 years from your (2nd) clearance...

rosy143sonu
Newly Registered
Posts: 4
Joined: Thu Jul 09, 2015 12:11 pm

Re: Am I eligible for applying ILR visa

Post by rosy143sonu » Thu Jul 09, 2015 9:46 pm

Thanks for your reply.

krishinwonderland
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Posts: 4
Joined: Sat Jul 11, 2015 9:27 pm

Extension as PBS Dependent/FLR M(ILR Dependent)??

Post by krishinwonderland » Thu Aug 13, 2015 9:51 pm

Recently my husband got his ILR visa (ILR on 5 years route) and I am about to apply for my visa extension as his dependent.
Please need few clarifications:

I am in UK for past 2.5 years, and I need 2.5 years more stay to get eligible for ILR.
which application is more appropriate among PBS dependent/FLR M?
First time I got my visa from Feb 2013 to Sep 2015 (as my husband got his tier2 visa for 3 years from sep 2012 to sep 2015)
My question is if I go for PBS dependent extension, can I get 2.5 years of visa this time??
If I go for FLR M , I may get for next 2.5 years
but I heard if I apply for FLR M , my ILR clock will set to 0 from now and I need to finish 5 years again from date I apply FLR M to get eligible for ILR????
Please reply ASAP and thank you in advance.

rosy143sonu
Newly Registered
Posts: 4
Joined: Thu Jul 09, 2015 12:11 pm

Extension as PBS Dependent/FLR M(ILR Dependent)??

Post by rosy143sonu » Thu Aug 13, 2015 9:53 pm

Recently my husband got his ILR visa (ILR on 5 years route) and I am about to apply for my visa extension as his dependent.
Please need few clarifications:

I am in UK for past 2.5 years, and I need 2.5 years more stay to get eligible for ILR.
which application is more appropriate among PBS dependent/FLR M?
First time I got my visa from Feb 2013 to Sep 2015 (as my husband got his tier2 visa for 3 years from sep 2012 to sep 2015)
My question is if I go for PBS dependent extension, can I get 2.5 years of visa this time??
If I go for FLR M , I may get for next 2.5 years
but I heard if I apply for FLR M , my ILR clock will set to 0 from now and I need to finish 5 years again from date I apply FLR M to get eligible for ILR????
Please reply ASAP and thank you in advance.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Extension as PBS Dependent/FLR M(ILR Dependent)??

Post by vinny » Thu Aug 13, 2015 11:52 pm

They should grant PBS dependant's leave for 3 years under 319D.

Switching to FLR(M) will reset qualifying period for SET(M).
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.

krishinwonderland
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Posts: 4
Joined: Sat Jul 11, 2015 9:27 pm

Re: Extension as PBS Dependent/FLR M(ILR Dependent)??

Post by krishinwonderland » Fri Aug 14, 2015 1:38 pm

thanks for your reply.

For PBS dependent, do we need to maintain any funds and please reply ASAP.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Extension as PBS Dependent/FLR M(ILR Dependent)??

Post by vinny » Fri Aug 14, 2015 1:44 pm

I think you should maintain funds as if your husband was still under Tier 2 (General).
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.

rosy143sonu
Newly Registered
Posts: 4
Joined: Thu Jul 09, 2015 12:11 pm

Re: Extension as PBS Dependent/FLR M(ILR Dependent)??

Post by rosy143sonu » Sun Aug 16, 2015 11:14 pm

Thanks for your reply.
Problem is we haven't maintained funds for consecutive 90 days. But luckily have some funds(around £800) in my husband account from July 2nd, 2015 and my visa expiry date is September 9th, 2015. Consecutive 90 days period reaches by October 2nd, 2015.
1)Can I apply my visa within 28 days after visa expiry date and if I apply after expiry visa date 2)Do I need to submit any explanation letter for my delay of visa extension and are there any chances of visa refusal under late submission?
thanks in advance and reply asap.

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