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T1 dependent visa refused19aug14 appeal allowed

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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Evicra
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T1 dependent clarification

Post by Evicra » Mon Aug 12, 2019 9:14 am

Good morning members
would someone be kind enough to shed light on follwing please.
T1 dependent applied for visa in Aug 2014
LTR for that application was grangted as T1 dependent on 6 aug 2019
wating Period between Aug 2014 -aug 2019 (roughly 5 years ) be counted as T1 dependent?
Regards
A

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CR001
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Re: T1 dependent clarification

Post by CR001 » Mon Aug 12, 2019 9:31 am

Evicra wrote:
Mon Aug 12, 2019 9:14 am
Good morning members
would someone be kind enough to shed light on follwing please.
T1 dependent applied for visa in Aug 2014
LTR for that application was grangted as T1 dependent on 6 aug 2019
wating Period between Aug 2014 -aug 2019 (roughly 5 years ) be counted as T1 dependent?
Regards
A
What was the immigration status prior to applying in August 2014??

What were the reasons for a 5 year delay in granting a visa?
Char (CR001 not Casa)
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Evicra
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Re: T1 dependent clarification

Post by Evicra » Mon Aug 12, 2019 11:44 am

What was the immigration status prior to applying in August 2014??
Tier 4

What were the reasons for a 5 year delay in granting a visa?
application refused after one year in sep 15 reason TOEIC with appeal right. appeal won twice and finaly got letter attched and brp
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CR001
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Mon Aug 12, 2019 11:50 am

Then no, the person has not held a tier 1 dependent visa for 5 years.

Tier 1 dependent time starts from date the visa was issued. Time prior to that would have been under section 3c which means the tier 4 conditions were in place until the tier 1 Dep visa was issued.
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Mon Aug 12, 2019 12:08 pm

even though if allegation were unfounded ?

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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Mon Aug 12, 2019 12:10 pm

Tier 1 dependent time starts from visa issue date, nothing changes that. Time waiting for an application after applying to switch visa doesn't give the person the new visa conditions. It's the old visa conditions that continue until a new visa is issued.
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Mon Aug 12, 2019 12:12 pm

ok thank you

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aman90
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by aman90 » Mon Aug 12, 2019 12:55 pm

Evicra wrote:
Mon Aug 12, 2019 12:12 pm
ok thank you
Congrats on finally receiving the visa.. can’t imagine what you must have gone through all these years.. perhaps the spouse can apply for Long Residence-

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Mon Aug 12, 2019 2:37 pm

aman90 wrote:
Mon Aug 12, 2019 12:55 pm
Evicra wrote:
Mon Aug 12, 2019 12:12 pm
ok thank you
Congrats on finally receiving the visa.. can’t imagine what you must have gone through all these years.. perhaps the spouse can apply for Long Residence-
aman thank you . yes spouse is eleigible for long residence in aug 2020. currunt brp valid till april 2019
i have a quetion

there is a rule
"Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
the date of application aug 2014
the date of decision aug 2019
• any date up to 28 days after the date of application"

so if inshaAllah my ILR is granted can my spouse use date of application to qualify for ilr .

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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Mon Aug 12, 2019 2:41 pm

Evicra wrote:
Mon Aug 12, 2019 2:37 pm
aman90 wrote:
Mon Aug 12, 2019 12:55 pm
Evicra wrote:
Mon Aug 12, 2019 12:12 pm
ok thank you
Congrats on finally receiving the visa.. can’t imagine what you must have gone through all these years.. perhaps the spouse can apply for Long Residence-
aman thank you . yes spouse is eleigible for long residence in aug 2020. currunt brp valid till april 2019
i have a quetion

there is a rule
"Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
the date of application aug 2014
the date of decision aug 2019
• any date up to 28 days after the date of application"

so if inshaAllah my ILR is granted can my spouse use date of application to qualify for ilr .
No. The above is only relevant to the date of application or decision for ILR not a previous visa that took long to be granted, as it clearly states 'qualifying period by counting BACKWARDS'.
Char (CR001 not Casa)
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aman90
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by aman90 » Mon Aug 12, 2019 3:04 pm

I’ve a feeling ur ILRs gonna be granted very soon.
Fingers crossed..
You mean her extension is valid till April 2020.

You have been through so much now that I think it’s time to just relax.

As unfair as it is.. there is no exception or rule in place that would allow the spouse to apply for ILR as the visas just been granted.. hence LR is the only way

Courts can be unfair too.. so choose ur battles!

Your spouse can apply for PBS dependant ext by April 2020.

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Sat Sep 28, 2019 10:26 am

Evicra wrote:
Mon Aug 12, 2019 2:37 pm
aman90 wrote:
Mon Aug 12, 2019 12:55 pm
Evicra wrote:
Mon Aug 12, 2019 12:12 pm
ok thank you
Congrats on finally receiving the visa.. can’t imagine what you must have gone through all these years.. perhaps the spouse can apply for Long Residence-
aman thank you . yes spouse is eleigible for long residence in aug 2020. currunt brp valid till april 2019
i have a quetion

there is a rule
"Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
the date of application aug 2014
the date of decision aug 2019
• any date up to 28 days after the date of application"

so if inshaAllah my ILR is granted can my spouse use date of application to qualify for ilr .
hi Gurus please advise.
my Spouse got T1 Dependant LTR till 17 April 2020, and my (T1) ILR is approved in September 2019.
Spouse's first visa granted 25/08/2010. Entered Uk 6/10/2010/
i assume here that 10-year route would complete on 28 July 2020 ( taking of 28 days 102 Days Gap)
Now i don’t know which way to Cost and time effective way to follow. your valuable input would be highly appreciated. thankyou

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aman90
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by aman90 » Sat Sep 28, 2019 12:50 pm

Evicra wrote:
Sat Sep 28, 2019 10:26 am
10 years = Entry date minus 28 days!!!
There is no exception to this.
Already answered above.. PBS extension

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Sat Sep 28, 2019 1:47 pm

Aman i meant to say. which route my spouse need to follow for extension? T1 Ent dependant or Family member of a settled person.

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Sat Sep 28, 2019 1:49 pm

aman90 wrote:
Sat Sep 28, 2019 12:50 pm
Evicra wrote:
Sat Sep 28, 2019 10:26 am
10 years = Entry date minus 28 days!!!
There is no exception to this.
Already answered above.. PBS extension
10-year qualifying period starts from either:

when applicant arrived in the UK with a visa
when applicatnt was given permission to stay in the UK

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CR001
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Sat Sep 28, 2019 2:04 pm

Evicra wrote:
Sat Sep 28, 2019 1:49 pm
aman90 wrote:
Sat Sep 28, 2019 12:50 pm
Evicra wrote:
Sat Sep 28, 2019 10:26 am
10 years = Entry date minus 28 days!!!
There is no exception to this.
Already answered above.. PBS extension
10-year qualifying period starts from either:

when applicant arrived in the UK with a visa
when applicatnt was given permission to stay in the UK
It starts from the date you entered the UK the first time with entry clearance and NOT permission to stay in the UK, which is specifically for those that had no legal status and were granted discretionary leave to remain outside the immigration rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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aman90
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by aman90 » Sat Sep 28, 2019 2:47 pm

Evicra wrote:
Sat Sep 28, 2019 1:47 pm
Aman i meant to say. which route my spouse need to follow for extension? T1 Ent dependant or Family member of a settled person.
As you got ur ILR via Tier1 ENT- ur spouse/dependant is eligible to apply as a PBS dependant aka Tier1 dependant for extension

As frustrating as it is, you’ll have to apply for an extension and pay IHS fee. You can complain and request a refund on IHS once LR is approved.
The time between applications is too long for safely delaying biometrics and varying to LR.. but not impossible.

Evicra
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by Evicra » Sat Sep 28, 2019 3:56 pm

aman90 wrote:
Sat Sep 28, 2019 2:47 pm
Evicra wrote:
Sat Sep 28, 2019 1:47 pm
Aman i meant to say. which route my spouse need to follow for extension? T1 Ent dependant or Family member of a settled person.
As you got ur ILR via Tier1 ENT- ur spouse/dependant is eligible to apply as a PBS dependant aka Tier1 dependant for extension

As frustrating as it is, you’ll have to apply for an extension and pay IHS fee. You can complain and request a refund on IHS once LR is approved.
The time between applications is too long for safely delaying biometrics and varying to LR.. but not impossible.
@aman90 and Cr001 thankyou for clarification.

after biometrics roughly how long home office takes to make a decision on t1 dependant visa extension please,

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CR001
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by CR001 » Sat Sep 28, 2019 4:09 pm

8 weeks standard service.
Char (CR001 not Casa)
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aman90
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Re: T1 dependent visa refused19aug14 appeal allowed

Post by aman90 » Sat Sep 28, 2019 4:43 pm

Evicra wrote:
Sat Sep 28, 2019 3:56 pm
You can delay biometrics upto 2 months after submission of application till you get a final reminder to submit biometrics before your application is returned as invalid.

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