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Dependant Leave to Remain

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ISABDELT
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Dependant Leave to Remain

Post by ISABDELT » Sun Mar 25, 2018 10:35 am

Hello
I was on Tier1 general and got my ILR in June 2016. My wife and children came after me and entered UK in April 2015 on T1 dependant visa until Jan 2018 then they switched to Dependent Leave to remain route and got their BRP issued in March 2018 until Sep 2020.

Now my question is: can they apply for ILR by counting the period under T1 dependent which started April 2015 (3 yeras) + 2 years under dependant leave to remain / or do I have to start all over again and count 5 years from March 2018 under dependant leave to remain route?

in other words, does the period they spent in UK under T1 general dependant visa count towards their time spent in UK to complete the 5 years for ILR regardless which route they were under ?

Many thanks

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CR001
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Re: Dependant Leave to Remain

Post by CR001 » Sun Mar 25, 2018 10:45 am

they switched to Dependent Leave to remain route and got their BRP issued in March 2018 until Sep 2020.
Why did they switch to FLR(M) and not extend on Tier 1 dependent?
Now my question is: can they apply for ILR by counting the period under T1 dependent which started April 2015 (3 yeras) + 2 years under dependant leave to remain / or do I have to start all over again and count 5 years from March 2018 under dependant leave to remain route?
No, by switching to FLR(M) it has reset their clock to zero and a new 5 year route to ILR.
Char (CR001 not Casa)
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ISABDELT
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Re: Dependant Leave to Remain

Post by ISABDELT » Mon Mar 26, 2018 3:12 pm

Hello ,
They have switched to dependant leave to remain route because I have already got my ILR, I did not think that they could extend their T-1 dependant although I switched to ILR , was this possible?

I have another question please, if I received my citizenship this year, will I be able to grant citizenship for my children who were born outside UK? or do they have to complete the 5 years under this route?

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CR001
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Re: Dependant Leave to Remain

Post by CR001 » Mon Mar 26, 2018 3:18 pm

They have switched to dependant leave to remain route because I have already got my ILR, I did not think that they could extend their T-1 dependant although I switched to ILR , was this possible?
If you got ILR based on PBS route 5 years residence, then yes, dependents could have continue in PBS Dependent visa until they qualified for ILR. The rules permitted this, see link below. Not the same rule though if you applied for ILR based on 10 years long residence.

immigration-for-family-members/dependan ... 14832.html
I have another question please, if I received my citizenship this year, will I be able to grant citizenship for my children who were born outside UK? or do they have to complete the 5 years under this route?
Unfortunately the children will have to follow the same route as your spouse and get ILR first.
Char (CR001 not Casa)
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ISABDELT
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Re: Dependant Leave to Remain

Post by ISABDELT » Mon Mar 26, 2018 3:35 pm

This is strange really..my family is in UK since 3 years now, how can they wait 5 more years to get ILR? do you have a reference document from the home office that states this please ? thanks

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Re: Dependant Leave to Remain

Post by CR001 » Mon Mar 26, 2018 3:41 pm

Who advised you to apply on FLR(M)?

Did you get ILR based on 5 years PBS route or 10 years long residence?
Char (CR001 not Casa)
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ISABDELT
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Re: Dependant Leave to Remain

Post by ISABDELT » Mon Mar 26, 2018 3:57 pm

Hi
Many thanks for your prompt reply. I don't know what is FLR(M), but I have applied for what is called 'Dependant of settled person'' visa which is granted for 2.5 years. As for myself, I got my ILR based on 5 years Tier1 general visa which is closed now already.

For me it make more sense that home office will consider the 3 years my family spent in UK till today (under Tier1 dependant visa) plus two more years in the future (under ILR dependant) for them to be eligible for ILR.
It would be painful to wait 5 more years to be able to obtain their ILR

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Re: Dependant Leave to Remain

Post by CR001 » Mon Mar 26, 2018 4:01 pm

I don't know what is FLR(M), but I have applied for what is called 'Dependant of settled person'' visa which is granted for 2.5 years.
If they applied within the UK, then the form for 'dependent of settled person' is the FLR(M) form you would have completed.
For me it make more sense that home office will consider the 3 years my family spent in UK till today (under Tier1 dependant visa) plus two more years in the future (under ILR dependant) for them to be eligible for ILR.
Unfortunately not. 5 years on their current visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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