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tier 1 to tier 2 dependent and ILR

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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amu123456789
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Posts: 38
Joined: Sat Apr 14, 2018 11:42 pm
India

tier 1 to tier 2 dependent and ILR

Post by amu123456789 » Sun May 20, 2018 2:55 pm

Hi
i have currently applied for TIER 1 ext(decision still pending at home office) .if suppose my tier 1 gets refused and i decide to go back home and if my wife get tier 2 sponsorship and if i join her to come to U.K within 6 months , will i be eligible for 10 years ILR route
NOTE: I HAVE BEEN IN THIS COUNTRY FOR 8 YEARS NOW .
Thanks

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zimba
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Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: tier 1 to tier 2 dependent

Post by zimba » Sun May 20, 2018 3:06 pm

You need to apply for the new visa from home country within 14 days of your section 3C ending (date of refusal or AR conclusion) and then such application must be successful and you should return within 6 months, otherwise your continuous period will be broken. This is because at the time of leaving the UK you will not have a valid visa
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

amu123456789
Newbie
Posts: 38
Joined: Sat Apr 14, 2018 11:42 pm
India

Re: tier 1 to tier 2 dependent and ILR

Post by amu123456789 » Sun May 20, 2018 3:38 pm

Hi Zimba
Thank you for your prompt response.
other way round, can i apply for tier 2 in uk after refusal within 14 days.
will my continuous period be counted if tier 2 is successful.
this is just a PLAN B, As i heard and read in the newspaper and forum there are lot of cases of refusal for minor mistakes. i have been genuinely doing business for last 3 years with the turnover of 150k and over but scared now with these refusals as lot of hardwork and money is involved which goes in drain with just a minor mistakes.
Thanks

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marcnath
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Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: tier 1 to tier 2 dependent and ILR

Post by marcnath » Sun May 20, 2018 3:56 pm

amu123456789 wrote:
Sun May 20, 2018 3:38 pm
Hi Zimba
Thank you for your prompt response.
other way round, can i apply for tier 2 in uk after refusal within 14 days.
will my continuous period be counted if tier 2 is successful.
this is just a PLAN B, As i heard and read in the newspaper and forum there are lot of cases of refusal for minor mistakes. i have been genuinely doing business for last 3 years with the turnover of 150k and over but scared now with these refusals as lot of hardwork and money is involved which goes in drain with just a minor mistakes.
Thanks
Yes, you can apply for Tier 2 from within the country and if successful, it will not break your continuous stay for either 5 year based on T2 or 10 year LR
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Saibabashir123
Junior Member
Posts: 74
Joined: Sun Feb 25, 2018 5:34 pm

Re: tier 1 to tier 2 dependent and ILR

Post by Saibabashir123 » Mon May 21, 2018 3:42 pm

Hi marcnath

I have similar query
If I make a second application and meanwhile my wife travels India and gets a tier2 sponsorship and by the time she comes here can I vary my fresh application to her tier 2 dependant
Will this count for the ILR?
Thanks in advance for your assistance

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marcnath
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Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: tier 1 to tier 2 dependent and ILR

Post by marcnath » Mon May 21, 2018 4:45 pm

Saibabashir123 wrote:
Mon May 21, 2018 3:42 pm
Hi marcnath

I have similar query
If I make a second application and meanwhile my wife travels India and gets a tier2 sponsorship and by the time she comes here can I vary my fresh application to her tier 2 dependant
Will this count for the ILR?
Thanks in advance for your assistance
Replied in your original thread.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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