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Husband on ILR and wife tier 1 dependent

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chandana27
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ILR Dependent visa from India

Post by chandana27 » Thu Apr 01, 2021 10:56 am

Hi,

I'm currently on Tier 1 dependent visa and my husband is on ILR visa.
My visa is expiring on 10th May 2021
I'm currently in India and want to know if I can apply my dependent visa on ILR from India?
In case if I can apply what are the documents required and what visa is it called?
Is it an extension or the new spouse visa?

secret.simon
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Re: ILR Dependent visa from India

Post by secret.simon » Thu Apr 01, 2021 11:17 am

One can't apply for an extension from abroad. So, if you make an application from abroad, it will be a new visa, with a new 5 year route to ILR starting from zero and your previous stay in the UK not counting towards your own ILR.

Did your husband acquire ILR under the PBS route or under 10 year Long Residence route?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

chandana27
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Re: ILR Dependent visa from India

Post by chandana27 » Thu Apr 01, 2021 11:29 am

He got ILR long residency on 10 years route

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Re: ILR Dependent visa from India

Post by CR001 » Thu Apr 01, 2021 11:43 am

You cannot extend your Tier 1 visa, even if you were in the UK.

Your only option is to apply for a spouse settlement visa and start a new 5 year (2 x 2.5 year visas) before you can apply for ILR.

https://www.gov.uk/uk-family-visa/partner-spouse

You will need to meet the English requirement and your spouse must meet the financial requirement and prove adequate accommodation.
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chandana27
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Re: ILR Dependent visa from India

Post by chandana27 » Thu Apr 01, 2021 12:13 pm

If I apply for the ILR dependent now, will I loose my residency period started from july 2016 to May 2021 which is on tier 1 dependent.

The visa now I've to apply is it the FLR(M) visa?

In case if I apply from India or UK what difference does it make?

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Re: ILR Dependent visa from India

Post by CR001 » Thu Apr 01, 2021 12:20 pm

If I apply for the ILR dependent now, will I loose my residency period started from july 2016 to May 2021 which is on tier 1 dependent.
How long have you been out of the UK? You cannot combine Tier 1 dependent time with spouse visa time to make up 5 years for ILR. You can only combine different visas for ILR based on long residence. Changing to a spouse visa resets your 5 year ILR clock.
The visa now I've to apply is it the FLR(M) visa?
FLR(M) is for applications WITHIN the UK. You cannot use this form if you are applying from outside the UK.
In case if I apply from India or UK what difference does it make?
No difference really. The requirements remain the same.
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Re: ILR Dependent visa from India

Post by chandana27 » Thu Apr 01, 2021 1:22 pm

Thank you for your response.
In case if I drop my spouse visa in India, will this get counted towards my 5 years route.
i.e the initial 2.5 years and the next renewal 2.5 years.
And I've a child born in UK who is British, do I still need to have the NARIC certificate to prove the english language requirement.

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Re: ILR Dependent visa from India

Post by CR001 » Thu Apr 01, 2021 1:42 pm

In case if I drop my spouse visa in India, will this get counted towards my 5 years route.
i.e the initial 2.5 years and the next renewal 2.5 years.
Your 5 years for ILR on a spouse visa starts from the date you ENTER the UK. Your initial visa vignette will be valid for 90 days.
And I've a child born in UK who is British, do I still need to have the NARIC certificate to prove the english language requirement.
Having a British child does NOT exempt you from meeting the English requirement or the financial requirement for a spouse visa.
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Re: ILR Dependent visa from India

Post by chandana27 » Sat Apr 10, 2021 3:36 am

Thank you for your reply.

Cod you please provide the list of documents to submit for the spouse visa from India.

In case if I apply the spouse visa here, what would be my immigration status.

My visa is expiring on may 10 2021, when would be the last date I'll be allowed to enter UK and when can I drop the application from the UK

If I apply from India is there any right to work restrictions

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Re: ILR Dependent visa from India

Post by chandana27 » Tue Apr 13, 2021 6:51 am

It would be grateful if someone could answer my queries
Thanks in advance

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Husband on ILR and wife tier 1 dependent

Post by chandana27 » Tue Apr 20, 2021 12:09 pm

Hi

My husband is on ILR visa and currently in the UK.
I'm on dependent visa, which is his previous visa tier 1 entrepreneur visa
My visa expires on 10th may 2021.

I have a British born child and planned to travel on may 6

I'm travelling with my kid and my husband is in UK.

I'm allowed to travel on his previous visa dependent when he is not with me?

Is there a problem if I travel four days before the expiry?

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Re: Husband on ILR and wife tier 1 dependent

Post by CR001 » Tue Apr 20, 2021 12:26 pm

Topics merged.

You were already advised to apply for a visa in India before you can return to the UK.

You need to apply for a spouse visa before traveling to the UK. Your tier 1 dependent visa is no longer valid if your spouse got ilr based on 10 years long residence.

If you choose to travel, you could be refused entry to the UK.
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Re: Husband on ILR and wife tier 1 dependent

Post by chandana27 » Tue Apr 20, 2021 12:38 pm

Thank you for your response

Could you please let me know if I can use my employment salary statements as financial evidence if I'm applying from India.

As my husband financial requirements doesn't meet.

I'm currently employed and receive an annual salary of £36000..

Can I show this as proof of evidence of funds

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Re: Husband on ILR and wife tier 1 dependent

Post by CR001 » Tue Apr 20, 2021 12:40 pm

For applications from India,only your husband's income can be used.

You would only have been able to use your income if you were applying within the UK.
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Re: Husband on ILR and wife tier 1 dependent

Post by chandana27 » Tue Apr 20, 2021 12:46 pm

Thank you for your response
And one question, last time when I traveled with my tier 1 entrepreneur dependent, I travelled along with my husband who was on ILR(10 years route). I was allowed entry then.

We weren't questioned that time, and now If in case my husband is along with me would I be able to enter on my tier 1 dependent and then apply for the spouse visa

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Re: Husband on ILR and wife tier 1 dependent

Post by CR001 » Tue Apr 20, 2021 12:49 pm

You should have switched to FLR m spouse visa when your husband got his ilr. The rules do not permit you to continue as a tier 1 dependent if the main tier 1 migrant got ilr based on long residence.
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Re: Husband on ILR and wife tier 1 dependent

Post by chandana27 » Tue Apr 20, 2021 1:05 pm

There is no guidance about this
I have missed doing it when I was in Uk

chandana27
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Re: Husband on ILR and wife tier 1 dependent

Post by chandana27 » Tue Apr 20, 2021 1:52 pm

Hi

I was allowed to enter the UK when I was traveling along with my husband who was on ILR and I was on tier 1 dependent

They haven't refused my entry and haven't mentioned anything about changing on to FLR(M)

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Re: Husband on ILR and wife tier 1 dependent

Post by CR001 » Tue Apr 20, 2021 3:33 pm

Char (CR001 not Casa)
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