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Query regarding Dependent FLR

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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sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Query regarding Dependent FLR

Post by sojan » Mon Feb 06, 2012 11:04 pm

Hi Friends,

I was planning to apply for ILR in month of June. Please find our situation
- I'm on Tier1 and my wife is on dependent visa and both the visa's valid till Feb,2013
- My wife won't be completing 2 years by June (she completes 2years in the UK only by October,2012)
- We were planning to travel to hometown in August to attend my brother's marriage

Query
1. Can she stay using Tier1 dependent till Oct,2012 (or Does she need to apply for FLR in June along with me?)
2. If she can stay as a Tier1 dependent, can we travel outside the UK and re-enter UK visa? (i.e. she on Tier1 dependent visa and me with ILR)

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Feb 06, 2012 11:32 pm

Why don't you wait and simply apply for ILR together between Oct 2012 and Feb 2013?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sojan
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Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Tue Feb 07, 2012 7:23 am

vinny wrote:Why don't you wait and simply apply for ILR together between Oct 2012 and Feb 2013?

I have to travel for more than two months expected by Oct-Nov (or sometimes earlier) for giving training to my off-shore team. So was thinking to apply and make things complete before the training starts. Also there's delay of around 5months and not sure what all changes will come in between them.

In the given thread, if he/she had applied staying as Tier dependent and after 2 years would he/she get ILR?

vinny
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Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Query regarding Dependent FLR

Post by vinny » Tue Feb 07, 2012 8:55 am

sojan wrote:1. Can she stay using Tier1 dependent till Oct,2012 (or Does she need to apply for FLR in June along with me?)
2. If she can stay as a Tier1 dependent, can we travel outside the UK and re-enter UK visa? (i.e. she on Tier1 dependent visa and me with ILR)
1. If not travelling, then yes; she may remain as a Tier 1 dependant.
2. She may be refused entry (321A).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Feb 07, 2012 8:59 am

sojan wrote:
vinny wrote:Why don't you wait and simply apply for ILR together between Oct 2012 and Feb 2013?
In the given thread, if he/she had applied staying as Tier dependent and after 2 years would he/she get ILR?
No. Change of status required first.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sojan
Member
Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Tue Feb 07, 2012 10:32 pm

Thanks a lot Vinny.

Also a last question :?

In the above link you provided, the person was speaking of not able to combine Tier1 dependent + FLR.. Is that true?

I thought the dependent visa can be a combination.
Hope FLR won't reset the period of stay as a Tier1 dependent?

Greenie
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Post by Greenie » Tue Feb 07, 2012 10:36 pm

sojan wrote:Thanks a lot Vinny.

Also a last question :?

In the above link you provided, the person was speaking of not able to combine Tier1 dependent + FLR.. Is that true?

I thought the dependent visa can be a combination.
Hope FLR won't reset the period of stay as a Tier1 dependent?
at the beginning of the thread the email from the UKBA confirms that tier 1 dependent leave and leave following an FLR(M) application can be combined, as do the rules themselves. 287(d)

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Feb 07, 2012 10:40 pm

A combination of Tier 1 dependant plus FLR(M) is possible, prior to SET(M). Tier 1 dependant to SET(M) directly is not possible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sojan
Member
Posts: 238
Joined: Tue Jun 10, 2008 2:18 pm

Post by sojan » Wed Feb 08, 2012 6:25 am

Thanks very much Vinny

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