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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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skum
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Switch Tier 1 independent to ILR dependent within UK ?

Post by skum » Thu Sep 19, 2013 1:27 am

Hello,
Me and my husband both has tier 1 independent visa. Now I want to become his ILR dependent. My husband will apply for his ILR on march 2014. I am wondering - whether I need to become Tier 1 dependent first then apply along with him as ILR dependent.

I also read that a new rule is coming (1 october 2013)- that will allow to switch from other categories of visa to Dependent visa within UK - no need to return to country of origin to get entry clearance as dependent.

I am wondering - whether
1. Do I need to switch to Tier 1 dependent first to apply for ILR dependent?
2. If no, then does the new rule is applicable for ILR dependents also? That means I should be able to switch from tier 1 to ILR dependent within uk?

Please help.

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Post by Amber » Thu Sep 19, 2013 4:52 am

May be cheaper to switch to FLR(m) once your spouse has been granted ILR. This will a 5 year route to settlement with a financial requirement. Settlement may also be attained after 10 years legal stay or if you continue as a qualifying PBS applicant for 5 years.
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skum
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Post by skum » Thu Sep 19, 2013 8:47 am

I am not working at the moment that's why I want to become my husband's dependent. I was thinking to get ILR dependent visa as then march 2015 we all can apply for settlement together.

Does anybody know about new rule - I read the new rule -here http://www.ukba.homeoffice.gov.uk/sitec ... ofchanges/
Form that I am sure that one can switch from other visa to Tier 1 dependent within UK( not need to visit home country to get entry clearance).

But I am not sure about whether the change will affect ILR dependent?

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Post by vinny » Thu Sep 19, 2013 8:50 am

See here.
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Post by Amber » Thu Sep 19, 2013 9:27 am

Why PBS dep and not FLR(M)?
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skum
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Post by skum » Thu Sep 19, 2013 9:29 am

Thanks for the link. I read it. It talk about only 319 C (h) - it doesn't say anything about 319 E which focuses on switch to ILR :(.

From the posts and rereading new rule -
I think,
1. ONe can definitely switch form other visa catagories to Tier 1/ Tier 2 dependent within UK.
2. And to switch from other visa category to ILR dependent - One needs to have tier 1 dependent visa/entry clearance first - Rule 319 E (c)?


I have already completed my 5 years as Tier 1 independent visa but I am not working so I cant apply for ILR. That's why I am thinking to become husband's ILR dependent ...

skum
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Post by skum » Thu Sep 19, 2013 9:33 am

If I apply for FLR(M) - then what are the options for settlement?
My husband will get ILR in march 2014 and then will apply for citizenship in march 2015.

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Post by Amber » Thu Sep 19, 2013 9:33 am

When your husband is granted ILR then you can apply for FLR(M) as the spouse of a settled person. The route to settlement is 5 years just as it is with PBS dep.
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skum
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Post by skum » Thu Sep 19, 2013 9:47 am

I am bit confused about 5 year rule regarding settlement- do I need to spend 5 years in dependent visa to get ILR!!

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Post by vinny » Thu Sep 19, 2013 10:15 am

Yes. The sooner you switch to dependant status, the sooner you may qualify for ILR under that category.
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skum
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Post by skum » Thu Sep 19, 2013 12:26 pm

hmmm I don't want to apply for FLR(M) and wait for another 5 years for ILR. I am happy to pay extra and get over with the procedure.

according to this --http://www.ukba.homeoffice.gov.uk/visas ... ependants/

"Your partner can apply for settlement at the same time as you apply for settlement, if:
you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
"

SO, Even if I have tier 1 dependent visa for months - I should be eligible to apply for ILR dependent along with my husband. Also, we have been living together since 5+ years. is it right???

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Post by vinny » Thu Sep 19, 2013 10:54 pm

No. Unfortunately, you did not have leave as your husband's dependant prior to 9 July 2012. Therefore, 319E(d)(i) isn't applicable.
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skum
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Post by skum » Fri Sep 20, 2013 11:20 am

Oh my GOd! now I am totally confused - what should it do then??
What would the best option in my case?? FLR(M) or Tier 1 dependent??

I already have 5+ years as first as tier1 independent. please help!!

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Post by vinny » Fri Sep 20, 2013 11:35 am

Are you eligible for ILR under Tier 1?
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skum
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Post by skum » Fri Sep 20, 2013 2:34 pm

I don't think so. as I haven't been working since last year. So I don't have any income to show....:(.

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Post by vinny » Fri Sep 20, 2013 3:19 pm

1. You may switch to PBS dependant from 1 Oct 2013, while your spouse is under Tier 1.
2. Else, you may switch to FLR(M) after your spouse is applying for/granted ILR.

Unfortunately, your qualifying period for ILR as a dependant will be reset after the switch.

In both cases, you may extend in the same category until you are eligible for ILR as a dependant or under Long residence.
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skum
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PBS Dependent's ILR; 5 year period.

Post by skum » Fri Sep 20, 2013 11:41 pm

thanks for all the replies.

I reread the rule 319E (d)
"(ii) If (i) does not apply, then the specified period is 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and

(c) have spent the remainder of the 5 year period, where applicable, as the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules."

I am confused with point (c)--- It does not explicitly state that the applicant should have had leave to remain as the spouse, civil partner ...
where as in (b) it is explicit.
Does this mean for the remaining period of 5 years evidence supporting that we were living as a couple sufficient.

regards

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Post by vinny » Fri Sep 20, 2013 11:47 pm

They are amending that.
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Post by Sep08T1Applicant » Sat Sep 21, 2013 12:53 am

vinny wrote:They are amending that.
Sorry for asking or repeating the same concern (no intention of hijacking the thread - please accept my apologies) as I am totally confused.
As it stands it means before implementation of these amendments in the current 319Ed(ii)( b ) and 319Ed(ii)( c ) dependant applicants can amalgamate all the non-dependants leave provided the most recent is PBS dependant.

Taking example of "skum" if she manages to get her Partner Tier 1 dependant visa in country somehow (as of 1st October 2013) so her most recent stay will be her Partner PBS dependant then before 28/10/2013 assuming her partner is eligible for ILR then she can amalgamate all her previous non-dependant leaves to qualify for ILR at the same time with the main applicant.

Is this understanding is correct?

skum
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Post by skum » Sat Sep 21, 2013 2:10 am

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

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