Tier 1 Exceptional Talent Visa - Dependent ILR

krishnak · Post by **krishnak** » Fri Aug 20, 2021 9:27 am

Hi,

I'll appericiate some help on following queries:

Context: I was on Tier 2 ICT visa from Nov 2014 to Dec 2018. I got the Tier 1 Exceptional Talent vis on Dec 2018. My ILR is due at the end of this year as my 3 years on this visa will be completing by then. Even though I can apply for an ILR after 3 years, I've taken the visa for 4 years (valid till Dec 2022) to be on safer side.

Questions:

1. I understand that as a main applicant i can apply for ILR post 3 years (by the end of this year); however my dependents needs to wait until 5 year (till Dec 2023). So the question is how my dependents Tier 1 ET dependant status is handled? do they continue to be on dependent visa? if yes, do I need to apply for an extension of Tier 1 ET for 1 more year (to last till Dec 2023)?

2. As my dependents were with me throughout my time in the UK (starting from Dec 2014 to till date) and the immigration rules mention the dependents need to complete 5 years stay to be eligible for ILR. They do satisfy this criteria as they lived for 4 years on T2 ICT Dependent visa and then 3 years on T1 ET Dependent visa (7 years in total). Would this be taken into the consideration?

3. In case if I do need to apply for their extension, do I need to apply their extension on ILR Dependent or T1 ET Dependent (I don't hold this visa then as I would have already got the ILR). In case if I need to put them on ILR Dependent, do I need to wait for 5 more years to apply for their ILR?

4. As stated, I've applied for 4 years visa and paid NHS surcharge for 4 years. When I apply for ILR after 3 years, would I be receiving refund of 1 year NHS surcharge (as my company received 1 year health surcharge refund when I switched my visa in Dec 2018)

Thanks in advacne

marcnath · Post by **marcnath** » Sun Aug 22, 2021 10:02 am

krishnak wrote: ↑
Fri Aug 20, 2021 9:27 am
Hi,

I'll appericiate some help on following queries:

Context: I was on Tier 2 ICT visa from Nov 2014 to Dec 2018. I got the Tier 1 Exceptional Talent vis on Dec 2018. My ILR is due at the end of this year as my 3 years on this visa will be completing by then. Even though I can apply for an ILR after 3 years, I've taken the visa for 4 years (valid till Dec 2022) to be on safer side.

Questions:

1. I understand that as a main applicant i can apply for ILR post 3 years (by the end of this year); however my dependents needs to wait until 5 year (till Dec 2023). So the question is how my dependents Tier 1 ET dependant status is handled? do they continue to be on dependent visa? if yes, do I need to apply for an extension of Tier 1 ET for 1 more year (to last till Dec 2023)?

2. As my dependents were with me throughout my time in the UK (starting from Dec 2014 to till date) and the immigration rules mention the dependents need to complete 5 years stay to be eligible for ILR. They do satisfy this criteria as they lived for 4 years on T2 ICT Dependent visa and then 3 years on T1 ET Dependent visa (7 years in total). Would this be taken into the consideration?

3. In case if I do need to apply for their extension, do I need to apply their extension on ILR Dependent or T1 ET Dependent (I don't hold this visa then as I would have already got the ILR). In case if I need to put them on ILR Dependent, do I need to wait for 5 more years to apply for their ILR?

4. As stated, I've applied for 4 years visa and paid NHS surcharge for 4 years. When I apply for ILR after 3 years, would I be receiving refund of 1 year NHS surcharge (as my company received 1 year health surcharge refund when I switched my visa in Dec 2018)

Thanks in advacne

1. They continue on dependant visa. No, you do not need to extend your Tier 1 ET.
2. Yes
3. Tier 1 ET dependent. As long as your ILR was on the basis of your Tier 1 ET (which is the case here), your dependants can continue on Tier 1 ET dependant
4. NHS surcharges are non refundable

krishnak · Post by **krishnak** » Tue Oct 12, 2021 11:47 am

Thanks for the reply.

Sorry for putting the query very late.

As the answer for 2nd query is "Yes", does that mean I can apply for my dependents ILR at the same time as mine. i.e. I will be applying for my ILR on the immediate completion of 3 years on this visa, can I add my dependents who were on this visa for 3 years and Tier 2 ICT for the period 2 or more years prior to switching to this visa?

Thanks in advance

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier 1 Exceptional Talent Visa - Dependent ILR

Tier 1 Exceptional Talent Visa - Dependent ILR

Re: Tier 1 Exceptional Talent Visa - Dependent ILR

Re: Tier 1 Exceptional Talent Visa - Dependent ILR