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Husband Received ILR - My Next Options

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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kav2020
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Husband Received ILR - My Next Options

Post by kav2020 » Thu Jan 02, 2020 11:16 am

Hello there,

Yesterday my husband was granted his ILR via Entrepreneur route.

I came to UK on 01 Aug 2018 as tier 1 Dependent and my visa expires on 01 May, 2020.

I have been in UK for 16 months now.

As My husband now got the ILR, can I extend my same visa as tier 1 dependent OR

Do I need to switch to a spouse visa where we need to show salary requirements etc?

Also can I apply for any of the above visa right now? (I still got 6 months left, but I prefer get this applied now)

Your help would be really appreciated.

Thanks in advance!

vinny
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Re: Husband Received ILR - My Next Options

Post by vinny » Thu Jan 02, 2020 11:26 am

Keep on extending PBS dependant leave (for 3 years periods) shorty before expiry until eligible for ILR.

Do not switch to spouse leave!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

kav2020
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Re: Husband Received ILR - My Next Options

Post by kav2020 » Thu Jan 02, 2020 11:30 am

Hi Vinny,

Thanks for your valuable advice :)

Just one more question, Is it possible to apply the visa now even I got 6 months left - (this is because we have to be back in our country for family event in 5-6 months) - So thinking of getting this sorted now.

Is that an issue?

Thanks again!

vinny
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Re: Husband Received ILR - My Next Options

Post by vinny » Thu Jan 02, 2020 11:49 am

Possible. However, you may have to apply for another 3 years extension, if you have a shortfall before being eligible for ILR (28 days prior to 5th anniversary as a PBS dependant).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

kav2020
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Re: Husband Received ILR - My Next Options

Post by kav2020 » Thu Jan 02, 2020 12:55 pm

Great, Thanks Vinny for the assistance here :)

Really appreciate!

I will get it applied this month.

Thanks again for your time!

alien279
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Re: Husband Received ILR - My Next Options

Post by alien279 » Fri Jan 17, 2020 6:53 pm

My question to Vinny, Kav2020 said, her visa expiring on May 2020. And immigration rules describe that you can only apply within 28 days. So can she apply now.

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Zimba
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Re: Husband Received ILR - My Next Options

Post by Zimba » Fri Jan 17, 2020 7:19 pm

alien279 wrote:
Fri Jan 17, 2020 6:53 pm
My question to Vinny, Kav2020 said, her visa expiring on May 2020. And immigration rules describe that you can only apply within 28 days. So can she apply now.
Immigration rules do not say such thing. You are confusing the 28 days concession that only applies to ILR applications.
You can apply for a new visa at ANY time regardless of your visa expiry date as long as you are eligible. Often people apply when their visa is about to expire.
On the other hand, you may apply for ILR within 28 days of becoming eligible, regardless of your visa expiry date.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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