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ILR Dependent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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haseebkhan79
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ILR Dependent

Post by haseebkhan79 » Fri Feb 06, 2015 5:53 pm

Dear All

I came to UK in Dec-2010 as PBS Dependent and currently my main applicant got ILR on 10 years long residency basis and I need to change my category as dependent from Tier1 to ILR dependent, now the issue is If I complete my 05 years in Dec-15, since I came to this country from Dec-2010 as PBS dependent will it allows me to apply for ILR or I have to wait another 05 years to become illegible for ILR.

Please Advise.

With Regards
H M K

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CR001
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Re: ILR Dependent

Post by CR001 » Sat Feb 07, 2015 6:14 pm

Dec-2010 as PBS dependent will it allows me to apply for ILR
No, once you have switched to FLR(M), your clock towards ILR will be resent to zero and you will have to wait a further 5 years for ILR (with an extension on FLR(M) after the first visa which will be for 2.5 years)
Char (CR001 not Casa)
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haseebkhan79
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Re: ILR Dependent

Post by haseebkhan79 » Sat Feb 07, 2015 9:28 pm

But my solicitor has told me that in your case u just need to show 5 years period as dependent. And in dec15 you are able to apply for ilr.
I am quite surprised with ur answer and bit worried.

Obie
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Re: ILR Dependent

Post by Obie » Sat Feb 07, 2015 11:40 pm

haseebkhan79 wrote:But my solicitor has told me that in your case u just need to show 5 years period as dependent. And in dec15 you are able to apply for ilr.
I am quite surprised with ur answer and bit worried.
Sorry, like many others, the Solicitor does not know what he is saying.

Advise him to do a bit my reading of the changes that are taken place.

Some of these solicitors are not generally a bad people. The problem is their failure to update and keep up with ever increasing changes.

Since April 2014, nearly a year ago the rules have changed, and therefore you cannot amalgamate time spent as PBS dependent and as a family member of a Settled person.
Smooth seas do not make skilful sailors

haseebkhan79
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Re: ILR Dependent

Post by haseebkhan79 » Sun Feb 08, 2015 12:37 am

Oh thats very strange. What should i do now. Is it possible if i continue with my existing visa which will expires in june16 and in dec15 when my 5 years will complete i will apply for ilr.

Obie
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Re: ILR Dependent

Post by Obie » Sun Feb 08, 2015 12:41 am

Unfortunately. Once converted to Long Residence, there is no turning back.

Significant changes has occurred in the rules lately.

You can challenge the lawfulness and fairness of the rules, but it will be costly, and a 50/50 chances of success.

Wish you all the best.
Smooth seas do not make skilful sailors

haseebkhan79
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Re: ILR Dependent

Post by haseebkhan79 » Mon Feb 09, 2015 7:53 pm

Dear obie
You are right and i was mislead by my solicitor. Now if I apply extension through FLRM my clock will start from zero and if my wife will get British nationality after 12 months and then iand i have to apply again as a dependent for british national and then clock will start again. Am i right.
Please advise.

Obie
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Re: ILR Dependent

Post by Obie » Mon Feb 09, 2015 7:56 pm

No you are not right.

You will not need to switch again after you wife secure citizenship .
Smooth seas do not make skilful sailors

haseebkhan79
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Re: ILR Dependent

Post by haseebkhan79 » Mon Feb 09, 2015 8:35 pm

Thx a lot u r such a nice person. May God bless u for helping people are in need.

haseebkhan79
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Re: ILR Dependent

Post by haseebkhan79 » Mon Feb 09, 2015 8:48 pm

Obie wrote:No you are not right.

You will not need to switch again after you wife secure citizenship .
Dear obie. Due to change in rules in april 14 restrict me to apply in combination however rules are frequently changes and therefore chances are where i will down the line get a chance with changes in future. Is there any forum where i can link myself to gets updates.

haseebkhan79
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Re: ILR Dependent

Post by haseebkhan79 » Tue Feb 10, 2015 12:29 pm

Dear Obie

Is there any time line where I have to apply for my extension through FLR(M) or i can wait another month and then apply it. My existing visa as a pbs dependent expires in june-16 and my wife got ILR on long residency in Jan-15.

With Regards

saeedafridi123
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Re: ILR Dependent

Post by saeedafridi123 » Tue Feb 10, 2015 4:59 pm

Hi guys we are a group of people whose families were effected by the pre july rules that were changed in april 2014. which made it impossible for families to apply for 2 years rather 5 years visa.anyone wants to join us to challenge this rule in high court should come forward and can contact me on my number :07983572444.

Obie
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Re: ILR Dependent

Post by Obie » Tue Feb 10, 2015 5:04 pm

I am of the view that it is a challenge unmeritorius and likely to fail, as appellant knew in advance, the consequences of switching.

I personally will not endorse it.
Smooth seas do not make skilful sailors

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