ILR for Tier-1 Dependants

[ammaralvi]

I got my Tier-1 (General) visa stamped on 29/05/2009. My wife and two kids got their visas stamped on 06/10/2010 however never travelled to the UK. I plan to arrange their visit at the end of April 2012 and apply extension for the whole family together. Could there be any problem for my wife and kids upon arrival to the UK?

[ammaralvi]

Anybody having any idea?

[ammaralvi]

I'm a Tier-1 (General) migrant with following dates in chronological order:

Tier-1 (General) visa stamped: 29/05/2009
Entered the UK: 18/10/2009
First extension stamped: 13/07/2012
Second extension to be applied: 15/06/2014
ILR application (expected): 18/10/2014

My wife and two children applied for dependant visas and travelled to the UK twice - following the dates in chronological order:

Tier-1 (General) Dependant visa stamped: 06/10/2010
First travel dates: 27/04/2012 - 07/08/2012
Second travel dates: 22/06/2013 - 28/07/2013
Third travel dates (expected): 01/06/2014 - 10/07/2014

Please note they are based in Pakistan and won't be able to live long term in the UK in near future.

Considering I do not wish to go for my dependants' second extension, please can I get some clarifications on following questions:

1. Both my children were born outside the UK (11/01/2007 & 27/08/2009). Will they be eligible for ILR being outside the UK once I get my ILR? Will they be able to apply from outside the UK?

2. Once I get my passport (say in October 2015), will my children be eligible for naturalisation at that point or will they need to live under ILR? Will they be able to apply from outside the UK?

3. How long will my wife need to live in the UK before she could apply for ILR?

OR would you suggest that I extend their Tier-1 (General) Dependant visas with me?

[wpilr_nov12]

your children MAY be given British citizenship only when BOTH parents are settled (ILR) and at least one parent BC.

for your wife to have any chance at ILR she has to be living in UK, currently 5 yrs, as your dependent. simply possessing status but not living in UK does not help.

[ammaralvi]

Thanks for the reply; I thought the same however discussions with some friends changed my train of thoughts.

If my wife and children wish to keep visiting me as now (i.e. during summer vacations) is it worth getting their Tier-1 dependant extended next year (costly option) or will it be safe enough to apply visit visas going forward (cheaper option)? Consider the fact they cannot stay in the UK long for next few years due to family circumstances.

Thanks in advance.

[ammaralvi]

Hi wpilr,

I was going through a few forums for the same reason when I came across couple of sites that state fairly different from your initial response. Please can you review the following two links and suggest:

http://www.sunrisesolicitors.co.uk/home ... -dependant

http://www.1st4immigration.com/settleme ... -visas.php

Eagerly await your response.

[CR001]

she would need to be resident and have lived with you for at least 2 years in the uk to qualify for ilr

[ammaralvi]

Thanks for your quick response; the answer given earlier was fairly misleading and could cause confusion to many.

Looking at your response now, and having gone through the SET(O) form, I wasn't able to find any section that asks for details for her 2 years stay in the UK. Can you please point me towards specifics of the requirement that she needs to be residing "in the UK" to qualify for ILR?

[CR001]

read the relevant info in this link

http://www.immigrationboards.com/viewtopic.php?t=114832

and this section on UKBA website link

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

[ammaralvi]

Thanks once again for such a quick response.

I had gone through the UKBA page and understand they state the we should be living together in the UK for 2 years but SET(O) form doesn't ask for any time periods for stay for dependant as it does for the main applicant. So my query.

Having gone through the other thread towards the end about children, considering I and all my dependants extend our leave next year, will my kids be eligible for settlement with me then? I'm considering my wife would still need to spend 2 years continuous period before she could apply for ILR. Also, I'm assuming my wife's Tier-1 Dependant visa will still remain valid for 2 years even after I get ILR?

[ammaralvi]

Please can someone give answer to my question in the previous post? Also, will it be any different if I apply for my kids' ILR after mine (say in 2015)?

Will really appreciate a quick response.

[ammaralvi]

Hi All,

Thanks in advance for your help and guidance.

Firstly, some important dates (main applicant):

Date of initial application: 13/10/2008
Date of visa stamp: 29/05/2009
Date of entry in the UK: 18/10/2009
Expiry of first extension: 13/07/2014

And for dependants (wife and two children):

Date of visa stamp: 06/10/2010
Date of first entry in the UK: 27/04/2012
Expiry of first extension: 13/07/2014

As I understand I will need to apply for a second extension before 13/07/2014 to be able to complete my 5 years continuous period on 18/10/2014 to qualify for ILR as I entered 142 days after stamp of visa. My family doesn't reside with me in the UK and have visited for short periods in summer vacations previously. As it stands they would apply their extension from Pakistan.

My questions:

1. Considering I apply for my second extension after 15/06/2014 (28 days before expiry of current leave), how soon can my dependants apply for their extension? Do they need to wait until I get my extension approved and then apply?

2. Do they also need to apply for their extension before 13/07/2014 or it can be any time once I get mine?

3. Will my children be eligible to apply for ILR with me? I understand my wife cannot apply for ILR until she spends two consecutive years in the UK.

4. Is there any way my children can apply for ILR independently (i.e. after my ILR and before my wife's ILR)?

Look forward to some helpful and prompt response.

Thanks.

[ammaralvi]

I have been searching for a reply as no one posted anything around my questions and came across this thread http://www.immigrationboards.com/uk-tie ... 25259.html.

This is similar to my case however raises another question: if my wife and children do apply from Pakistan and it is not considered as "extension" would that mean that they fall under rules applied AFTER 9 July 2012 and hence means that my wife would now need to spend 5 years before she apply for her ILR? As it stands right now she got her first visa on 06/10/2010 and then got extension was granted within the UK.

The immigration rule 319E (d) (i) states for ILR requirements for spouse:

If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) 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

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years


The statement "since then has had continuous leave" does mean that if I take the route I'm specifying in my initial post will break it.

Please help guys, correct me if I'm wrong!!!

[ammaralvi]

Hi All,

My question is with regards to the difference between spouse's (Tier 1 General Dependant) extension from within the UK (considering they were granted initial clearance before 9 July 2012 and are already on their first extension expiring in July 2014) in contrast to entry clearance application from outside the UK, and it's impact on their requirement to spend time within the UK before being eligible for ILR.

The immigration rule 319E for spouse's requirements for ILR states under section (d) as follows:

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) 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

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

(ii) If (i) does not apply, the specified period is a continuous period of 5 years

Source: http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

With reference to a dependant spouse who got their initial leave stamped before 9 July 2012 and would be eligible for ILR on completion of 2 years continuous stay in the UK, the statement "and since then has had continuous leave" implies (according to my understanding) that they should have extended their stay from within the UK rather than applying for entry clearance from outside the UK to still be eligible for ILR on completion of 2 years continuous stay in the UK. And if they apply for entry clearance from outside the UK they will be granted a fresh entry clearance which will fall under rules in application after 9 July 2012 and thus will need to spend 5 years continuous period before being eligible for ILR.

Please can this be clarified that my understanding of applying from outside the UK for entry clearance would make their ILR eligibility to 5 years?

Look forward to a prompt response please.

Thanks.

[ammaralvi]

Guys please can I get some response on this, it is fairly urgent as I need to sort something out? I've tried to figure this out on this and other forums but nothing seem to clarify this type of scenario. I will really appreciate any guidance in the right direction.

[ammaralvi]

REQUESTING HELP FROM GURUS AGAIN!!!

I've come across a post on another forum discussing similar scenario with a member stating it is possible in one scenario. See on Trackitt website - this forum isn't letting me post the URL but after the domain name (Trackitt.com) it goes as: /forum/viewDiscussion/forumtype/uk-discussion-forums/url/tier-1-general-extension/id/1254322101/sn/1/user/297634/page/last_page.

PLEASE I REQUEST A GURU TO LOOK AT THIS AND SUGGEST EVEN IF IT SAYS YOU DON'T KNOW.

[ammaralvi]

Either my question was too naive or no one knew the answer and thus no reply.

Well, whatever the case I continued my search to find me an answer and I believe I have it. It makes sense to me however I'd be glad if I could be corrected with reference.

I looked all over to see if there's any particular explanation around continuous leave for spouse/partner but wasn't able to find anything - if anyone can point me in that direction I'd stand corrected. So, I took a step back to see how does continuous leave is defined for Tier-1 (General) Migrant. The immigration rule 245AAA (a)(ii) gives us the required details which is to be read with 245CD for Tier-1 (General) Migrants (source: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/)

(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of an application made within that 28 day period shall be disregarded; and

(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded.

So, until proven otherwise (i.e. with specific reference to Tier-1 (General) Migrant's spouse/partner requirements) I believe 245AAA (a)(ii) would also apply to spouse/partner that if they apply for leave within 28 days of current leave's expiry (they can apply as early as 28 days before it's expiry) irrespective of where they apply from (within UK or outside) it won't be considered as a break.

I have briefly discussed this scenario with a solicitor over telephone and he pointed me in direction of continuous leave requirements for 10 years continuous residence in exactly the same way as has been described by 245AAA (a)(ii) and suggested that this can be used as an argument.

Please correct me if I'm wrong but please do reply!!!

[ammaralvi]

I have been granted ILR on 02/01/15 with my wife and two kids (8 years old son and 5 years old daughter). Both were born outside the UK. With regards to their registration I have following two questions:

1. When is the earliest their registration can be applied?

2. Is their any way their registration can be applied from outside the UK?

Look forward to a quick response.

[vinny]

It's unlikely that overseas born child can register from outside the UK.

[ammaralvi]

Thanks vinny, that's what I thought but wanted to make sure I'm absolutely correct.

As for earliest they can register, I assume it is along with either parent when they apply for naturalisation? Or is their any earlier option available?

[ammaralvi]

Anyone that could answer the last question regarding earliest children can apply for registration?

[vinny]

I assume it is along with either parent when they apply for naturalisation?

Probably safest option.

[tcsprak]

hi,

I am going to apply for ILR in February 2015. I am bit confused about the visa type I need to apply for my wife and son. Can you please clarify some questions

My Wife and son are on Tier 1 General Dependant Visa.

1) My wife first visa was issued on 08/12/2011, until 04/03/2013. In November 2012 she traveled to India for maternity. She stayed in India for 8 months until 12/07/2013.

2) My wife visa expired on 04/03/2013, then after she got Tier1 General dependant extension on 17/06/2013. I applied for my son aswell. Both of them got visa on 17/06/2013 and came to uk on 12/07/2013.


My doubts are:
Is my wife eligible for ILR Visa?
Is my son eligible for ILR?
If both are not eligible for ILR what type of visa we need to apply?

Thanks in advance.