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Switch Tier 1 independent to ILR dependent within UK ?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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Sep08T1Applicant
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Post by Sep08T1Applicant » Sat Sep 21, 2013 2:50 am

skum wrote:Hi Sep08T1Applicant

That is exactly the same thing we are deliberating.
If I become a PBS dependent before 01 Oct. Will the current rules for ILR apply, which does not state I need to have 5 years as a dependent visa.
Anyone with any suggestions please.

Even if means flying to India tomorrow and switching to dependent I am willing to do that.
thanks
It is not that easy as the rules will be in place on or after 28/10/2013 which corrects the mistake UKBA had in earlier version of the rule, this will only helps if you get PBS dependant in country/EC and provided your husband is eligible for ILR before 28th October 2013 (It is only my interpretation of the rule)
Please click on the link which vinny gave in his response earlier you will find we already had discussion and we concluded as per UKBA rule 319E d ii there is an error and they are correcting this which is explained in the link vinny gave you above. Please read the whole thread and also do check the responses I got from UKBA for my wife's case.

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Post by vinny » Sat Sep 21, 2013 3:56 am

Sep08T1Applicant wrote:provided your husband is eligible for ILR before 28th October 2013
133-134 are also effective from 1 Oct 2013.
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Post by Sep08T1Applicant » Sat Sep 21, 2013 10:14 am

vinny wrote:
Sep08T1Applicant wrote:provided your husband is eligible for ILR before 28th October 2013
133-134 are also effective from 1 Oct 2013.
Thanks vinny, my apologies, I thought this is with the changess which are going to apply from 28/10/2013 and from January 2014. I can see, thanks for correcting me.
However, my statement earlier is correct if a person apply on or before 30/09/2013 for ILR can combine most recent dependant leave with previous PBS dependant leave along with non-dependant leaves?

UKBA response to me about combining only PBS dependant leaves is not correct?
As if we see it only requires the last or most recent leave as PBS dependant, Do you or any of the senior members think I should write an email back to UKBA and request them if they can confirm this in writing. The reason for this discussion is if that is the case then I will try and get the appointment on or before 30/09/2013 if I can get one. As I was thinking rules are only coming into affect on or after 28/10/2013.

Please kindly response (apologies in advance for having the same question again)

Regards

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Post by Amber » Sat Sep 21, 2013 10:27 am

You'll have to email them when the changes are in effect as they can only advise regarding the current rules.
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Post by Sep08T1Applicant » Sat Sep 21, 2013 10:52 am

D4109125 wrote:You'll have to email them when the changes are in effect as they can only advise regarding the current rules.
I am questioning about rule in place which are going to change from 1st October 2013. I am sorry I am keep asking my concerns here, I will continue in my thread
Please if you can kindly reply there.

Regards

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Post by skum » Sat Sep 21, 2013 12:15 pm

thanks for all the replies. Cleared lot of confusion..and understood rules..

Sep08T1Applicant, what I understood is that - all the rules regarding 319E will come to affect from 1st October not 28th.

As for my case, my husband is not eligible to apply for ILR before march 2014. So I am thinking to directly apply for FLR(M) along with his ILR application. But one confusion is still there- which is better Tier 1 dependent (which I can apply from 1 oct) or FLR(M). Plus I counted my years - I will complete continuous 10 year in UK in 2016 which is before
I will complete 5 years as dependent either as FLR(M) or Tier 1 dependent.

So which visa is better for application for settlement based on continuous 10 years rule - Tier 1dependent or FLR(M)?

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Post by Amber » Sat Sep 21, 2013 12:30 pm

FLR(M) is cheaper.
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skum
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Post by skum » Mon Sep 23, 2013 10:40 am

Many thanks to all for your reply. Two more queries

Can I apply FLR(M) along with my husband's ILR application??

My son was born in UK and is husband's dependent. If I dont have ILR- is he still eligible for British citizen or we need to apply for his ILR?

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Post by vinny » Mon Sep 23, 2013 11:04 am

Yes, to both questions. However, if he's applying by post and you have sufficient leave, then perhaps you should wait until your husband is granted ILR. Else, ask for them to process your application after his ILR has been decided.

Your UK-born son will be entitled to register for British citizenship after a parent is granted ILR.
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Post by vinny » Tue Oct 08, 2013 11:24 pm

skum wrote:Congratulations!

I am still thinking what to do...Whether to apply for Tier 1 dependent or FLR(M). FLR(M) is cheaper but not sure I can directly apply without becoming PBS dependent first..
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.
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Post by vinny » Tue Oct 08, 2013 11:25 pm

You may apply for FLR(M) directly, as stated above.
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skum
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Post by skum » Thu Oct 10, 2013 10:27 pm

thanks. But I was just reading the new PBS dependent forms and guidelines

its says -that if I need to apply as PBS dependent - Please check this http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf
Page 1 point 3 "If you are applying as the dependent of a person who has indefinite leave to remain, or
British Citizenship, you should read this guidance as if they were still in their last PBS immigration
category. For example if the person with indefinite leave to remain last held PBS leave in Tier 1,
you should read the guidance as if you are applying as the dependant of a Tier 1 migrant."

Obviously I'll prefer FLR M as its cheaper - please advise

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Post by vinny » Thu Oct 10, 2013 11:37 pm

If an applicant satisfies multiple categories under the Immigration rules, then it's the applicant's choice on what to apply for.

In your circumstances, you may apply as a PBS dependant only while your spouse is a PBS holder. If you were not previously a dependant and your spouse was granted ILR, then you may apply for FLR(M).
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.

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