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OPTION FOR MY DEPENDENTS

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

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ashontherun
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Posts: 104
Joined: Thu Feb 09, 2017 5:19 pm
India

OPTION FOR MY DEPENDENTS

Post by ashontherun » Mon Feb 01, 2021 3:10 pm

Hello,

I have applied for my ILR on a 10 year long residence route in January 2021 - used SET (ILR) FORM - I first entered in the UK on Tier 4 PBS Student Visa in Jan 2011.

I have 3 dependants, wife and 2 children aged 16 and 12 years old - all three currently on Tier 1 Ent Dependant valid until Aug 2021. All three entered in UK as my dependants on Tier 4 PBS in Aug 2011.

Assuming I get ILR in 3 months (currently expected timeframes) - what options do my dependants have:

1) As they would have spent 5 years on a Tier 1 Dependant ent Visa, I assume they don't have to wait for them to complete 10 years and then apply for ILR. If yes, then which form they can use please?

2) If not, will their visas be valid (after my ILR) as they have validity until Aug 2021 or do they have to change their category?

Please advise.

Thanks

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CR001
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Re: OPTION FOR MY DEPENDENTS

Post by CR001 » Mon Feb 01, 2021 4:12 pm

1. They cannot apply for ilr based on 5 years PBS dependent visa if you get ilr based on long residnece. The rules do not permit this.

2. They can stay on their current visa until they qualify for long residence ilr themselves. Do not travel out of the UK though until they have ilr LR
Char (CR001 not Casa)
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ashontherun
Member
Posts: 104
Joined: Thu Feb 09, 2017 5:19 pm
India

Re: OPTION FOR MY DEPENDENTS

Post by ashontherun » Mon Feb 01, 2021 4:26 pm

Thank you CR001 for your response.

Thank you for clarifying as I was under the impression that they don't have to wait to complete their 10 years - The reason I asked this question was my elder son who will be turning 17 in June has to apply for Uni by year end.

Anyways, thanks for the answer.

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CR001
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Re: OPTION FOR MY DEPENDENTS

Post by CR001 » Mon Feb 01, 2021 5:34 pm

They don't qualify for ilr as PBS dependents if you get ilr based on long residence. This has been the rule in place since April 2014.
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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