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ILR for dependent

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09tier1
Newly Registered
Posts: 18
Joined: Thu Apr 09, 2009 2:37 pm
India

ILR for dependent

Post by 09tier1 » Tue Oct 14, 2014 4:09 pm

Hello Friends,

Me and my wife (dependent) got Tier1 general extension in March 2014 for 3 years (ie up to March 2017). Bu I will be eligible for ILR by march 2016, So I will apply for ILR in march 2016.

I got marriead in 2012 and my wife got her initial dependent visa in Oct 2012 and she came to uk in Nov 2012. As she came to UK after July 2012, so as per the new rule she should be in UK for five years (right..??)

My question is, she should apply for Tier1 general dependent extension again in march 2017 (to complete 5 yrs by Nov 2017)? or she can apply apply for ILR with me in 2016?

If she has to go for Tier 1 general dependent extension again in march 2017 then Tier 1 general extensions are closing by march 2015, so she need to go early extension? or extension closure is not applicable for dependent visa??

(Even if she go for early extension also in april 2015, then she will get 2 yrs visa ie up to april 2017 (she already have visa upto march 2017).

I am in bit confusion, please share your thoughts...

Thank you...

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 1:25 am

Re: ILR for dependent

Post by Malik44 » Tue Oct 14, 2014 5:04 pm

09tier1 wrote:Hello Friends,

Me and my wife (dependent) got Tier1 general extension in March 2014 for 3 years (ie up to March 2017). Bu I will be eligible for ILR by march 2016, So I will apply for ILR in march 2016.

I got marriead in 2012 and my wife got her initial dependent visa in Oct 2012 and she came to uk in Nov 2012. As she came to UK after July 2012, so as per the new rule she should be in UK for five years (right..??)

yes correct she have to spend 5 years to qualify for ILR

My question is, she should apply for Tier1 general dependent extension again in march 2017 (to complete 5 yrs by Nov 2017)? or she can apply apply for ILR with me in 2016?
Yes she apply Tier 1 G dependent extension in 2017

If she has to go for Tier 1 general dependent extension again in march 2017 then Tier 1 general extensions are closing by march 2015, so she need to go early extension? or extension closure is not applicable for dependent visa??

Tier 1 G extensions are closing in 2015 but Tier 1 G dependents extension remain open I am sure atleast for 3 years after closure.

(Even if she go for early extension also in april 2015, then she will get 2 yrs visa ie up to april 2017 (she already have visa upto march 2017).

she should have to wait for 2017 for tier 1 G dependent extension.

I am in bit confusion, please share your thoughts...

Thank you...

09tier1
Newly Registered
Posts: 18
Joined: Thu Apr 09, 2009 2:37 pm
India

Re: ILR for dependent

Post by 09tier1 » Thu Oct 16, 2014 3:35 pm

Hi Malik,

Thank you so much for your reply and it is very clear..

One more quick question please:
Is it same for child (3 yrs) dependent also (visa and uk entry details are same as above)?
I mean he need to go for one more extension in 2017? or ILR with me in 2016?

Thank you again,

vinny
Moderator
Posts: 28264
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR for dependent

Post by vinny » Fri Oct 17, 2014 12:42 am

If child wasn't born in the UK, then should apply in-line with mother (319H).
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.

09tier1
Newly Registered
Posts: 18
Joined: Thu Apr 09, 2009 2:37 pm
India

Re: ILR for dependent

Post by 09tier1 » Fri Oct 17, 2014 1:33 pm

Hi Vinny,
Thank you.

Also I found below message:

[i]Children of PBS migrants can only have an ILR when both parents have it or both are applying for it, or one had it and the other is applying with the child. In other words, a child cannot have an ILR until both parents are applying, or have, an ILR. That is unless a child was born in the UK, then he/she does not need an ILR at all and once parents are settled (hold an ILR), may be registered as British.[/i]

So in my case, both (child and wife) can only apply for ILR in 2017

Thank you again,

09tier1
Newly Registered
Posts: 18
Joined: Thu Apr 09, 2009 2:37 pm
India

ILR eligibility for outside UK born child (PBS dependent )

Post by 09tier1 » Sun Feb 14, 2016 6:57 pm

Hi,

My situation is as following:
I came to UK in March 2011 on Tier 1 (General) visa and I am eligible for ILR by this month.
My wife and son (5yrs, born out side UK) on Tier 1 (General) Dependent visa, valid until April 2017
They got the visa in November 2012 and joined me in UK on Dec 2012. As per the rule, ILR eligibility for partners is, they must be in UK for

2 years if they got visa before 9 July 2012
5 years if they got visa on or after 9 July 2012

So my wife has to go for 1 more Tier 1 dependent extension in March 2017, then she will completes 5 yr and eligible for ILR.

My question is, can I apply ILR for my son (5 yrs) along with my ILR application next month? or He also needs 1 more Tier 1 dependent extension like his mother ??

Thank you in advance,

vinny
Moderator
Posts: 28264
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR eligibility for outside UK born child (PBS dependent

Post by vinny » Sun Feb 14, 2016 7:02 pm

He should extend, in line with his mother, as he qualifies for ILR, under 319J, only when she does.
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.

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