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ILR Eligibility (Dependant)

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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Devil81
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Posts: 114
Joined: Sun Jun 03, 2012 8:12 pm
Location: England
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ILR Eligibility (Dependant)

Post by Devil81 » Mon Sep 28, 2015 12:14 pm

Hi,
I am on Tier 1 (General) and my wife is a Tier 1 (Dependant). Our entry dates to U.K are as below.

Self: Aug 2011 (First entry).
Tier 1 (expiry): Nov 2017.
ILR due: July 2016 (28 days before completion of 5yrs with less than 180 days in a 5yr period).

Dependant: Oct 2012 (First entry).
Tier 1 (expiry): Nov 2017.
ILR due: Sept 2017 (For rules in place after July 2012 with less than 180 days in a 5yr period and 28 days before completion of 5yrs).

We had our Tier1 extended last year in Nov 2014 and were given the extensions for 3yrs which should see us through to our ILR.
Now my question is as I will be eligible for ILR next year (2016) and my wife a year after (2017), will she be a Tier1 (dependant) as Tier1 will no longer be valid at that point? Can she be a Tier1 (dependant) with me holding ILR?

If not, what are my options for her to see ILR? I do not want to reset her clock as she will be only 1.2yrs short for her ILR.

I know for sure that loads of people will be in a similar situation as me. The subject would have been responded in the past but I did not find a suitable link.

Thanks in advance.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR Eligibility (Dependant)

Post by vinny » Mon Sep 28, 2015 12:25 pm

I think that her leave is still valid.

Unfortunately, there is at least one poor decision to the contrary.
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.

Devil81
Member
Posts: 114
Joined: Sun Jun 03, 2012 8:12 pm
Location: England
Mood:

Re: ILR Eligibility (Dependant)

Post by Devil81 » Mon Sep 28, 2015 2:46 pm

Thanks Vinny

Unfortunately the response wasn’t loud and clear. Do you mean she can still be Tier1 dependant with me on ILR until she sees her ILR?

In fact it’s good news that I don’t have to go through the rigmarole of applying her visa and can directly apply for her residency when it’s due.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR Eligibility (Dependant)

Post by vinny » Mon Sep 28, 2015 11:08 pm

I think so.
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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