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Visa status of dependants of 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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Doczuby
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ILR Refusal due to previous issues

Post by Doczuby » Sat May 08, 2021 11:33 pm

Hi, i would appreciate your kind help regarding my ILR application, I am a NHS doctor under Tier2 for last 5 years and eligible to apply for ILR currently. However when I switched job in 2017 my employer made a mistake in my CoS which resulted in a refusal with right to appeal in 14 days time, I did appeal within time but that was again refused. My old BRP was still valid at that time and I made a new application after getting a new CoS in 11 days time and successfully got my new visa with new BRP after 10 days time. If I explain this with time line I guess it would be better:
Application refused on 2nd Feb 2017 , re appeal done on 8th feb 2017,appeal refusal letter on 27th Feb 2017,new CoS and visa application done on 10th March 2017 and new Visa issued on 23rd March 2017.
Will this be an issue when I apply for my ILR? Do I need to contact an immigration solicitor? Thanks

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zimba
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Re: ILR Refusal due to previous issues

Post by zimba » Mon May 10, 2021 12:16 am

There is no issue at all. You do not even have a gap as your BRP was still valid
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Doczuby
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Visa status of dependants of ILR

Post by Doczuby » Mon Jun 07, 2021 10:02 pm

Hi, I'm on tier 2 General and have applied for ILR, set O, my wife and child who r my PBS dependants are not due for their ILR till next year December but their visas are expiring in august 2021, after I get my ILR what route should I apply to extend their visa which won't affect their ILR timeline or reset it? I have had mixed messages, some saying to apply as PBS dependants and others saying dependants of ILR. Would appreciate your kind help.
Thanks

secret.simon
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Re: Visa status of dependants of ILR

Post by secret.simon » Mon Jun 07, 2021 10:23 pm

As you are applying for ILR on the basis of five years residence on Tier 2 General and not on the basis of Long Residence, your partner and dependents can continue on the PBS Dependants route before applying for ILR after completing five years residence in the UK.
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.

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CULLINAN
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Re: Visa status of dependants of ILR

Post by CULLINAN » Mon Jun 07, 2021 11:26 pm

Also, they will need a PBS extension in Aug 2021 (before current visa expiry) and apply for ILR in Dec 2022 as advised by @secret.simon already.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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