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Help Need - T1 Dependent to ILR (5 years periods)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dadapop
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Help Need - T1 Dependent to ILR (5 years periods)

Post by dadapop » Tue Dec 20, 2022 2:35 pm

Hello,

May I post a Q here to get more clear instructions and help? I've been searching for a while but haven't found the answer so far.

My wife and I are going to apply for the ILR next year.

However, she came to the UK a few months after I did. So here is the time length we have spent in the UK:

Current Visa Route : T1 Entrepreneur (3 yrs Initial + 2 yrs Extension)

1. For Myself: until 11th Nov 2023 (5 yrs to ILR)
2. For my wife: her BRP card will be expired on the same day (11th Nov 2023), but that's only 4 years 7 months since she came to the UK a few months later, so not qualified for 5 yrs at that moment..

So my question is what should we do for the next? any way we can extend her visa to meet the requirements for staying in the UK for 5 years?

Thanks!

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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by CR001 » Tue Dec 20, 2022 2:44 pm

It is useful to state the initial visa issue date for your partner if they applied abroad for their initial visa.

The qualifying period start from visa issue date and NOT the date of arrival in the UK.
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dadapop
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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by dadapop » Tue Dec 20, 2022 2:54 pm

Thanks for pointing this out.

This is her visa endorsement date:

1st BRP card: issued on 25/01/2019 and expired on 13/11/2021

2nd BRP Card: issued on 18/11/2021 will be expired on 16/11/2023

so still have months gap before the 5ys route ILR application.

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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by CR001 » Tue Dec 20, 2022 2:58 pm

1st BRP card: issued on 25/01/2019 and expired on 13/11/2021
Did she apply within the UK? If yes, what visa did she hold before this?

You need to provide all the relevant immigration information and history if you expect any useful advice.
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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by dadapop » Tue Dec 20, 2022 3:20 pm

Sorry my bad.

She submitted her 1st T1 E dependant visa outside the UK (before that, she used to hold a short term visitor visa)

Her fist T1 E visa was issued on 25/01/2019, then she came to the UK on 20th Feb 2019.

We extended her T1 visa within the UK on 18/11/2021, and this visa is valid until Nov 2023.

I am going to apply for the ILR then but don't know how to deal with her visa status.

She is currently living in the UK as well.

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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by CR001 » Tue Dec 20, 2022 3:36 pm

Her fist T1 E visa was issued on 25/01/2019
She qualifies for ILR within 28 days before 25/01/2024.

You could include her in your ILR application, applying as close to your visa expiry as possible and book the biometric appointment within her 28 days qualifying period. You have 45 days within which to attend the biometric appointment.
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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by dadapop » Tue Dec 20, 2022 4:18 pm

Our current visa will be expired on 13/11/2023, so I am planning to submit the ILR application on 11/11/2023.

We were quite confused before as we thought we should further extend her visa to meet the 5 yrs period, but we didn't find any clues from the current policy documents. As there will only be a 1-month gap.

Through your suggestions, we should apply on 11/11/2023, and then book the biometric appointment at the end of Dec 2023, or the beginning of Jan 2024, am I right?

Thanks so much for your help.

I might choose the prior services on the application day.

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Re: Help Need - T1 Dependent to ILR (5 years periods)

Post by CR001 » Tue Dec 20, 2022 4:19 pm

Through your suggestions, we should apply on 11/11/2023, and then book the biometric appointment at the end of Dec 2023, or the beginning of Jan 2024, am I right?
Correct, but it must be within the 45 days you have to attend the biometric appointment.
I might choose the prior services on the application day.
This option might not be available. If available, you only get this option when you get to the payment page for ILR before submission, you cannot add priority later. Note that priority is a UKVI service and doesn't have anything to do with your biometric appointment date.
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