Tier 1 (General) Dependent and ILR Inquiry

ravi123 · Post by **ravi123** » Sun Feb 21, 2010 10:40 pm

Hi Everyone,

I entered UK on 30th September 2005 on Work Permit, changed my Work Permit within UK to a different employer in March 2006,changed to HSMP between June 2007 - June 2009, and presently on a Tier 1 (General) Visa
valid between 10thJune 2009 to 10thJune 2012.

I will be completing my 5 years on 29th September 2005 but during this period I would have been away from UK on paid holidays for 230 days which is 50 days more than the recommended 180 days. The maximum days outside UK in a single trip being 45 days.

I am getting married in India in June 2010 and after that my wife will be getting a Tier 1 (General) Dependent Visa till 10th June 2012. Both of us will be entering UK on 16th July 2010 .

My enquiries are as follows:

1. When I apply for my ILR will I be able to apply for my wife as well on
the same form Set (O) at the same time in September 2010.
She would have completed more than 2 months as my dependent till
that period. ( I am asking this since someone told me in my situation
I will be able to apply for myself and my wife together but want to
confirm this)

2. If I apply for ILR for myself and my wife on the same form Set (O)
at the same time in September 2010 and my wife does not fulfil the
criteria for ILR will the homeoffice reject only my wife's application or
will they reject both eventhough I fulfil all the criteria for ILR
successfully.

3. If I switch my category from Tier 1 (General) to ILR in
Septemeber 2010 can my wife continue to stay and work on her
existing Tier 1 (General) Dependent Visa which will be valid till
10th June 2010 or will she have to apply for Further leave to remain
on FLR(M) form as a dependent of a settled person in UK.
A lady on the general enquiry number for UKBA told me that my wife's
exisiting Tier 1 (Dependent) Visa will not become invalid when I switch
over to ILR and she can continue to live and work till her visa expires
and she can apply for ILR once she completes 2 years.

4.If thats the situation then her first entry in the UK will be on
10th July 2010 but her Visa will be valid only till 4th June 2012.
She will fall short of the Probationery Period by about 37 days.
Will she be able to apply for ILR on Set(M) form in this situation
requesting UKBA to hold her passport till she completes her
probationery period or will she have to get further leave to remain
on FLR(M) form and then apply for ILR on SET(M) form.

5. With regards to my leave exceeeding by 50 days than the
recommended 180 days during my period of employment and
self employment will the UKBA accept a letter from my previous
employers stating the period and saying that I was on paid annual
leave or is it better for me to wait for those extra 50 days and apply in
November 2010 instead of September 2010.

6. In any of the above situations will my wife have to leave UK and go
back to India for any applications or all of this can be dealt within the
country since she will be on Tier 1 (General) Dependent Visa

I am sorry to ask so many questions but a lot of my decisions will depend
on the answers to these.

I am very thankful to all those who have taken effort to read my situation and will appreciate if you could share your knowledge and information regarding the same.

Regards

Ravi

diago_nelson · Post by **diago_nelson** » Sun Feb 21, 2010 11:19 pm

1. No

2. My opinion is don't apply for your wife with your application. Don't risk your application and 1000+ fees.

3. She have to apply for Further leave to remain
on FLR(M) form as a dependent of a settled person in UK.

4. Apply for FLR(M)

5. If your employer can provide letter stating that you were paid in UK and you can back it up with ALL P60's and last 6/12 months salary slips, that should help. But I should say it depends on caseworker discretion!

6. she can apply from UK.

ravi123 wrote:Hi Everyone,

I entered UK on 30th September 2005 on Work Permit, changed my Work Permit within UK to a different employer in March 2006,changed to HSMP between June 2007 - June 2009, and presently on a Tier 1 (General) Visa
valid between 10thJune 2009 to 10thJune 2012.

I will be completing my 5 years on 29th September 2005 but during this period I would have been away from UK on paid holidays for 230 days which is 50 days more than the recommended 180 days. The maximum days outside UK in a single trip being 45 days.

I am getting married in India in June 2010 and after that my wife will be getting a Tier 1 (General) Dependent Visa till 10th June 2012. Both of us will be entering UK on 16th July 2010 .

My enquiries are as follows:

1. When I apply for my ILR will I be able to apply for my wife as well on
the same form Set (O) at the same time in September 2010.
She would have completed more than 2 months as my dependent till
that period. ( I am asking this since someone told me in my situation
I will be able to apply for myself and my wife together but want to
confirm this)

2. If I apply for ILR for myself and my wife on the same form Set (O)
at the same time in September 2010 and my wife does not fulfil the
criteria for ILR will the homeoffice reject only my wife's application or
will they reject both eventhough I fulfil all the criteria for ILR
successfully.

3. If I switch my category from Tier 1 (General) to ILR in
Septemeber 2010 can my wife continue to stay and work on her
existing Tier 1 (General) Dependent Visa which will be valid till
10th June 2010 or will she have to apply for Further leave to remain
on FLR(M) form as a dependent of a settled person in UK.
A lady on the general enquiry number for UKBA told me that my wife's
exisiting Tier 1 (Dependent) Visa will not become invalid when I switch
over to ILR and she can continue to live and work till her visa expires
and she can apply for ILR once she completes 2 years.

4.If thats the situation then her first entry in the UK will be on
16th July 2010 but her Visa will be valid only till 10th June 2010.
She will fall short of the Probationery Period by about 7 days.
Will she be able to apply for ILR on Set(M) form in this situation
requesting UKBA to hold her passport till she completes her
probationery period or will she have to get further leave to remain
on FLR(M) form and then apply for ILR on SET(M) form eventhough
it will be a matter of 7 days.

5. With regards to my leave exceeeding by 50 days than the
recommended 180 days during my period of employment and
self employment will the UKBA accept a letter from my previous
employers stating the period and saying that I was on paid annual
leave or is it better for me to wait for those extra 50 days and apply in
November 2010 instead of September 2010.

6. In any of the above situations will my wife have to leave UK and go
back to India for any applications or all of this can be dealt within the
country since she will be on Tier 1 (General) Dependent Visa

I am sorry to ask so many questions but a lot of my decisions will depend
on the answers to these.

I am very thankful to all those who have taken effort to read my situation and will appreciate if you could share your knowledge and information regarding the same.

Regards

Ravi

ravi123 · Post by **ravi123** » Mon Feb 22, 2010 12:33 am

Thanks diago_nelson

I have just edited my 4th question since I had made some mistake with the dates there. Kindly look into the same and give me your opinion.

geriatrix · Post by **geriatrix** » Mon Feb 22, 2010 3:35 am

ravi123 wrote:during this period I would have been away from UK on paid holidays for 230 days which is 50 days more than the recommended 180 days. The maximum days outside UK in a single trip being 45 days.

Usually excess absences are ignored when they are work related (overseas business trips, assignments etc.) and supported by employer statements (letter). You say that your absences have been paid holidays, so it may not be ignored. But, as already suggested, it all depends on the caseworker's discretion. How long will you have to wait for your absences to fall within the limit (180 days in 5 years)? If not for long, I sugges that you don't take a risk, (if) given that your absences have been paid holidays / leaves and not overseas work assignments.

Your wife's Tier 1 dependent visa (when granted) will expire on the same day as yours i.e. - 10-Jun-12. Assuming that she enters UK on 16-Jul-10 and that (also assuming) she is allowed to stay on as Tier 1 dependent even when you are granted ILR, the earliest she can apply for ILR will be 19-Jun-12 (28 days before the 2 yr. anniversary) . With Tier 1 dependent visa expiring 9 days before an ILR application can be made, she will have to apply for extension of stay before applying for ILR. In order to save money on a possible extension in 2012 and apply straight for ILR instead, she must enter UK by 07-Jul-10.

AIUI, once you've been granted ILR, your wife will have to apply for leave to remain as spouse of a settled person. As suggested, this can be done from within the UK.

regards

ravi123 · Post by **ravi123** » Tue Feb 23, 2010 6:06 am

Dear sushdmehta,

Thanks a lot for your reply.

I didnt understand the meaning of AIUI. Do you mean my wife's
Tier 1 (General) dependent visa will be invalid after I swich from
Tier 1 (General) to ILR and she will by law have to apply for further leave to remain on FLR(M) form within 28 days of me getting an ILR or will her
dependent visa be valid till 10th June 2012 and she can apply for FLR just to cover those 9 days and then for ILR in June 2012.

geriatrix · Post by **geriatrix** » Tue Feb 23, 2010 1:22 pm

AIUI.

regards

ravi123 · Post by **ravi123** » Tue Feb 23, 2010 9:30 pm

Thanks I got it now. Any more suggestions on this topic are welcome.

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