"Dependant" visa

[lionfly]

Hi forum members,

I have an enquiry about "Dependant" visa.

Before February 2011, I held "Tier 1", with my wife and kids holding "Dependant" visas, all with expiry date in June 2012. I changed to "ILR" (Settlement) with 10 years residence route in February 2011. As this route cannot take "Dependants", so my wife and kids are still holding the "Tier 1 Dependant" visas now.

Several days ago, somebody told me that my dependants should all change visas after my "ILR" was issued. And they said all my dependants' current "Dependant" visas are not valid now, even though the current expiry date is in June 2012. That is astonishing to me! I think this is completely wrong, and not reasonable that all my dependants must change to different type of "Dependant" visas when my status is changed from "Tier 1" to "ILR".

Also after I received the "ILR" in February 2011, the UKBA letter does not say all my dependants' "Dependant" visa become invalid , and does not say within how many days I have to change all my dependants visas to other type of "Dependant" visas.

My questions are:

1. After my ILR was issued in February 2011, do all my "dependants" visas became invalid?

2. Are there laws saying within how many days after my visa changed from Tier 1 to ILR, all my dependants must change their visas, even when the expiry date is far away?

Hope to get your clarification as soon as possible. Many thanks!

[geriatrix]

If the dependant is not eligible for settlement at the same time as the principal migrant, the dependant should switch to FLR(M) leave before his / her current leave expires or he / she travels outside the Common Travel Area (whichever is expected to occur first).

[lionfly]

Thanks sushdmehta.

I reckon your answer means their visas are valid for now. Of course we will change before expiry in 06 next year.

1. If the "2 years" dependant requirement can be met by being "Dependant" before I become ILR, then my wife qualified to use SET(M) in 02/2011 this year, the same time as me.

2. If the "2 years" have to be spent AFTER I become ILR in order to use SET(M), she should be able to use SET(O) as she has been my "Dependant" for 10 years since 08/2011 this year.

So now I am not sure whether I should use either SET(M), or SET(O). Or both are fine.

Please advise.

[maliimran]

Thanks sushdmehta.

I reckon your answer means their visas are valid for now. Of course we will change before expiry in 06 next year.

1. If the "2 years" dependant requirement can be met by being "Dependant" before I become ILR, then my wife qualified to use SET(M) in 02/2011 this year, the same time as me.

2. If the "2 years" have to be spent AFTER I become ILR in order to use SET(M), she should be able to use SET(O) as she has been my "Dependant" for 10 years since 08/2011 this year.

So now I am not sure whether I should use either SET(M), or SET(O). Or both are fine.

Please advise.

Dear lionfly,

Did you get any further guidance on this issue? I am in exactly the same situation (I have got ILR while the dependants will qualify in March 2012, their last dependent leave is still valid until May 2012). I now need to know if my dependants' current valid dependent leave is still VALID after change of status for the main applicant. If you have got any further inputs on this - please share.

[lionfly]

From the information I have got, there is no rule saying the dependants have to change their visa to FLR(M) after the main applicant changes to ILR. The dependant leave to remain is valid as long as they do not travel out of EU or UK before they change to FLR(m) or SET.

[maliimran]

From the information I have got, there is no rule saying the dependants have to change their visa to FLR(M) after the main applicant changes to ILR. The dependant leave to remain is valid as long as they do not travel out of EU or UK before they change to FLR(m) or SET.

Thanks for your prompt reply. Do you have any reference for this information or did you contact UKBA to clarify this situation? (I tried their enquiry number today but could not get in touch - seems they are still closed for Christmas break).

I was also advised by some one that I should change their status using FLR(M) as soon as possible. They will become eligible for their own settlement in Feb 2012 and I do not see any point in changing their status for just two months. Just like you, I was also surprised why their valid visa will become invalid without any notification from UKBA either in my ILR correspondence or any other letter from UKBA informing them they should change their VISA.

If you have any links to information or any references, I will be very grateful for your sharing.

Thanks again.

[lionfly]

Hi maliimran,

I do not have official UKBA confirmation. Only based on the previous post below:

If the dependant is not eligible for settlement at the same time as the principal migrant, the dependant should switch to FLR(M) leave before his / her current leave expires or he / she travels outside the Common Travel Area (whichever is expected to occur first).

I would also appreciate anybody else who can provide further official answer to this question here.

[vinny]

The dependent visas are not valid for entering the UK. However, if they have not been curtailed, then I think they should be valid until they expire when remaining in the UK.

If your dependents qualify for ILR under Long Residence before their leave expire, then apply for SET(O) when eligible. KOL required for adult.