ILR impact on tier 1 dependent visa

[abhiyutesh]

I am planning to apply for ILR in Apr. My wife is currently on tier 1 general dependent visa and she is not eligible for ILR at the moment. What will happen once i get ILR? Would I need to apply for her ILR dependent visa immediately or her tier 1 general dependent visa will still be valid?

[ilrdep]

Her dependent visa remains intact till expiry and before expiry you can extend the dependent visa till she is eligible for ILR

[vinny]

My wife came to UK in Feb-13 as tier 1 dependent based on application filed in Dec-2012. I will be applying for ILR in Feb-15 after completing two years of her stay in UK. Can somebody please confirm if I can file ILR for my wife at that time?

[vinny]

No. Her eligibility for ILR is subject to 319E, including 319E(d)(ii).

[abhiyutesh]

Hi Gurus

I am sorry if this question has been answered previously but I couldnt find it anywhere.

My wife is currently on Tier1 Dependent visa on PBS system. She came to UK in Feb-2013 and her visa is expiring on 02-Aug-2105. I have acquired british citizenship in Nov-2014.

Can someone please help me with following queries?

1) Would it be advisable to switch my wife's visa from Tier1 dependent to FLR(M).

2) Would it reset her 5 years clock for ILR?

3) If answer to the secone question is yes, then which category she should apply visa to retain her 2.5 years stay as Tier1 Dependent for ILR?

Thanks a lot for your help in advance.

[vinny]

1. Only if you were granted ILR under Long residence.
2. Yes.
3. If you were granted ILR under PBS, then she may continue to extend as a PBS dependant until qualifying for SET(O).

[abhiyutesh]

1. Only if you were granted ILR under Long residence.
2. Yes.
3. If you were granted ILR under PBS, then she may continue to extend as a PBS dependant until qualifying for SET(O).

Hi Vinny

Thank you so much for your reply. I got my ILR based on PBS. But now, I am going to be a british citizen. Can she still apply based on PBS dependant?

[vinny]

Yes (319C and 319E).

[srivisaN]

Hi,

My wife got her Tier 1 Gen dependent Visa in April 2013 (Visa valid till 22nd March 2015) and landed here on 16th May 2013.

As per the below new rules, I am confused with the type of visa she need to apply after I get my ILR in January 2015

Rule 1: As she got her visa after July 2012, she need to stay for 5 years to be eligible for ILR
Rule 2: No more Tier 1 extensions after 6th April 2015

Options:

1. Go for Tier 1 Gen Dependent Visa extension in March 2015 and get a 2 year or 3 year extension (depends on the Caseworker creativity)

From**********To****************Year********Visa status
16/05/2013** 15/05/2014** 1st Year** Tier 1 Dependent upto March 2015
16/05/2014** 15/05/2015** 2nd Year** Tier 1 Dependent Extension upto March 2017 / March 2018
16/05/2015** 15/05/2016** 3rd Year** Tier 1 Dependent upto March 2017 / March 2018
16/05/2016** 15/05/2017** 4th Year** Tier 1 Dependent upto March 2017 (No chance of Tier 1 Extension after 6th April 2015)
16/05/2017** 22/03/2018** 5th Year** Tier 1 Dependent upto March 2018
22/03/2018**15/05/2018** 5th Year** No chance of Tier 1 Dependent Extension after 6th April 2015


2. Go for FLR (M) get 2.5 years visa and extend one more time to complete 5 years from March 2015 (as switching visa from Tier 1 Gen Dependent to FLR (M) resets her stay in UK to zero)

Thanks,
Srikanth.

[abhiyutesh]

Hi,

My wife got her Tier 1 Gen dependent Visa in April 2013 (Visa valid till 22nd March 2015) and landed here on 16th May 2013.

As per the below new rules, I am confused with the type of visa she need to apply after I get my ILR in January 2015

Rule 1: As she got her visa after July 2012, she need to stay for 5 years to be eligible for ILR
Rule 2: No more Tier 1 extensions after 6th April 2015

Options:

1. Go for Tier 1 Gen Dependent Visa extension in March 2015 and get a 2 year or 3 year extension (depends on the Caseworker creativity)

From**********To****************Year********Visa status
16/05/2013** 15/05/2014** 1st Year** Tier 1 Dependent upto March 2015
16/05/2014** 15/05/2015** 2nd Year** Tier 1 Dependent Extension upto March 2017 / March 2018
16/05/2015** 15/05/2016** 3rd Year** Tier 1 Dependent upto March 2017 / March 2018
16/05/2016** 15/05/2017** 4th Year** Tier 1 Dependent upto March 2017 (No chance of Tier 1 Extension after 6th April 2015)
16/05/2017** 22/03/2018** 5th Year** Tier 1 Dependent upto March 2018
22/03/2018**15/05/2018** 5th Year** No chance of Tier 1 Dependent Extension after 6th April 2015


2. Go for FLR (M) get 2.5 years visa and extend one more time to complete 5 years from March 2015 (as switching visa from Tier 1 Gen Dependent to FLR (M) resets her stay in UK to zero)

Thanks,
Srikanth.

Hi Srikanth

Have a look at the point number 3 at link below. It could be useful.

"3) Tier 1 (General) extensions will be granted for either three years or the balance the applicant needs to take their time granted in the category to five years, whichever is longer."

https://www.gov.uk/government/uploads/s ... _06_11.pdf

[abhiyutesh]

Yes (319C and 319E).

Hi Vinny

Tier1 General Visa extension is stopping from Apr-2015. Does it mean Tier1 Dependant visa is also stopping or we can still apply for extension beyond Apr-2105?

Cheers
Abhishek

[vinny]

If the Tier 1 (General) holder can extend, or is granted ILR under PBS, then their PBS dependants may continue to extend their leave (319C, 319H), with period granted not exceeding the main applicant's (319D).

[srivisaN]

Hi,

But point 4 says, there is no chance of applying for ILR after 5th April 2018, so even If my wife get her Tier 1 Gen extension till May 2018, she cannot apply for ILR as per this point

4) The Home Office will assess what provisions are needed for indefinite leave to remain
applications once all extension applications have been processed after April 2015, and will
consider making adjustments in a future change to the Immigration Rules. Under the current
Rules however, applications for indefinite leave to remain will no longer be accepted in the Tier 1
(General) categoryfrom 6 April 2018. Applicants who are currently in the UK and who wish to apply
for indefinite leave to remain must submit an application on or before 5 April 2018.

Thanks,
Srikanth.

[vinny]

If the Main applicant cannot apply for ILR, then the dependants cannot as well. Unless the dependants are eligible for ILR under Long Residence.

[srivisaN]

Hi Vinny,

Yes, just wondering what is the use in spending £1600 for Tier 1 Ext when there is no chance of getting ILR after April 2018.

I think, it is better to go with FLR (M) which is £600 atleast we can save some money until they make a decision on ILR.

Also, what is the duration to apply for citizenship if a person is married and staying with a UK Citizen. If everything works out for me, I might get my citizenship by the end of 2015.

So wouldn't be easy to apply for a citizenship directly rather than waiting for ILR.

Thanks,
Srikanth.

[vinny]

FLR(M) will also fail, if the main applicant cannot obtain ILR. Moreover, FLR(M) would reset her qualifying period under SET(M).

Unfortunately, she and you cannot apply for citizenship without ILR.

[srivisaN]

Hi,

I my self eligible for ILR after 22nd December 2014, and may get citizenship by Dec 2015.

I am concerned about my wife's type of visa I need to apply after I get my ILR.

Thanks,
Srikanth.

[vinny]

22/03/2018**15/05/2018** 5th Year** No chance of Tier 1 Dependent Extension after 6th April 2015

That's incorrect, if you are granted ILR under PBS.