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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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garryviki
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Please help !

Post by garryviki » Tue Jun 17, 2008 4:10 pm

Applicants are therefore advised to submit their visa applications in good time but no more than 3 months in advance of their intended date of travel.
I read it on VFS website.. so was a bit puzzled ....

Do we have to follow it when applying for dependant HSMP visa as well. As all my documents r ready to file visa application of my wife but she is planning to fly in Nov2008.,So it means that she cant apply before Aug2008?
Please be kind to reply

geriatrix
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Re: Please help !

Post by geriatrix » Tue Jun 17, 2008 5:50 pm

garryviki wrote:Do we have to follow it when applying for dependant HSMP visa as well.
You should. If you mention November 2008 as intended time of travel, they might take your money (application fees) and still reject your application citing the same reason. Who know?? On the other hand, no one says that you can't mention July '08 or Aug '08 as intended time of travel and apply right away? The intended plans can always change, right ??

This said, may I ask why do you want to apply for a dependent EC now if you are certain that your spouse will join you only in Nov '08 (or thereabouts)??

regards

garryviki
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Help !

Post by garryviki » Wed Jun 18, 2008 1:20 pm

Thanks for the reply!
I know that! i can apply it rite now and get the depandant visa ... but will it effect my wife visa when i apply for my PR in march 2011 i am under the old rule 1+4 and already have my extention.... as they will start counting the time from the date they have issued the dependant HSMP visa to my wife ?
Or it will not effect at all ?
Please reply .....!

geriatrix
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Post by geriatrix » Wed Jun 18, 2008 1:32 pm

Remember, that ILR count starts from the day you arrive in UK and not from the day a visa is issued. A dependent cannot apply for ILR in his/her own right. So your wife's ILR will depend on your ILR. The condition for ILR for a dependent, as far as I know, is that the dependent should have lived with the main applicant in UK (as a dependent) for 2 years before an application for ILR can be filed for the dependent.

Irrespective of when the EC is issued to your wife and assuming that she joins you in Nov. '08, her 2 year qualifying period will be over by Nov. '10. So whenever, after Nov '10, you complete 5 years of your stay in UK, you and your wife should be able to apply for ILR together.

This is based on my understanding. I am sure others will correct me if I have stated something incorrect.

regards
Life isn't fair, but you can be!

garryviki
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Post by garryviki » Wed Jun 18, 2008 1:44 pm

Thanks soo much it makes sence ... tahnks once again ...

geriatrix
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Post by geriatrix » Wed Jun 18, 2008 3:24 pm

Check settlement section on UKBA website for detailed information on ILR applications (on basis of Tier 1).
Settlement wrote:You must complete a continuous period of five years in the United Kingdom before you can apply for settlement, and you must meet all the requirements of the immigration rules before you are eligible to apply.
Dependent Settlement wrote:Partners of Tier 1 (General) - highly skilled worker migrants are eligible to apply for settlement at the same time as the migrant, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.
Read para 319A-319K of the Immigration Rules for immigration rules for family members of Tier 1 (General) Migrants.

regards
Life isn't fair, but you can be!

vinny
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Post by vinny » Thu Jun 19, 2008 12:15 pm

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.

nnj10
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Post by nnj10 » Sun Jan 11, 2009 2:04 pm

Hi Sushdmehta,

Can you please connect me to any link on UKBA or Home Office website, which says that 5 year Clock for ILR starts from the date you enter UK and not from the date your EC was granted?

Just looked at SET(O) form, which says the qualifying period for settlement, start from the date you were originally granted EC.
5 WHEN TO APPLY

You and any dependants who are applying with you
should apply before the end of your/their permitted stay
in the UK. There is a qualifying period to complete in
most of the categories on this form. That period runs
from the date on which you were granted leave to enter
or remain in this capacity. Please do not apply more
than 28 days before completing that qualifying period.
If you apply earlier than that, your application may be
refused. If that happens, we will not refund the fee and
you will have to pay again when reapplying.

The qualifying periods are as follows:

5 years In the work permit holder, employment not
requiring a work permit, businessperson, innovator,
investor, highly skilled migrant, self-employed lawyer,
writer, composer or artist, UK ancestry and any of the
Tier 1 or Tier 2 migrant routes.
Personally in my Case, I am here on HSMP for past nearly 2 years.
I entered UK on 45th day of EC stamped on my passport.
I am going for HSMP --> Tier 1 (General) soon.
I hope to fulfill all absence requirement for settlement
Assuming, I will be granted my Tier-1 (Gen) (for 3 years), would I have to then apply for further extension under Tier-1 (Gen), for 17 days?
If this is so, it's quite absurd, Isn't it?

Thanks for your help as always.

NNJ10

vinny
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Post by vinny » Mon Jan 12, 2009 12:16 am

I think that the information on the SET(O) form is inconsistent with the Immigration Rules as
245E(b) wrote:have spent a continuous period of 5 years Lawfully in the UK.
Logically, you cannot be "lawfully in the UK" before you arrive.
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.

nnj10
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Post by nnj10 » Mon Jan 12, 2009 6:00 am

vinny,

Thanks for your reply.
I would have interpreted "Lawfully in the UK", as on "No recourse to public funds", "Registration with polic (if required)" etc.

Anyways, I now believe, what you are saying is true.
The problem is, when I applied for HSMP, I did not get any post/link on this subject in this forum, otherwise, I would have entered UK within 28 days of my EC (to be eligilble for settlement at the end of only one extension).

Not sure though that the goal post will not be shifted further away from current 5 year to proposed 6/8(in draft bill).

NNJ10

push
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Post by push » Mon Jan 12, 2009 10:29 am

nnj10 wrote:vinny,

Thanks for your reply.
I would have interpreted "Lawfully in the UK", as on "No recourse to public funds", "Registration with polic (if required)" etc.

Anyways, I now believe, what you are saying is true.
The problem is, when I applied for HSMP, I did not get any post/link on this subject in this forum, otherwise, I would have entered UK within 28 days of my EC (to be eligilble for settlement at the end of only one extension).

Not sure though that the goal post will not be shifted further away from current 5 year to proposed 6/8(in draft bill).

NNJ10
Goal post? Looking a the way the economy is doing the political expediency might lead to game itself being changed .....
regards,
push
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