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Tier 1 General (Dependant) extension after 6/04/2018

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kkashiff
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Tier 1 General (Dependant) extension after 6/04/2018

Post by kkashiff » Wed Mar 28, 2018 12:46 pm

I am British Citizen (got my settlement based on Tier 1 G) in 2016.

My wife, who got her entry clearance in Jan 2014 as a dependant of Tier 1 general, then extension in the same route in April 2015 for 3 years.

Her extension is due in April 2018 to complete further 8 month to complete 5 years towards ILR.

As ILR for Tier 1 General will be closed after 6/04/2018.

What will be impact of this change on Tier 1 General dependant extension application.

Thanks

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CR001
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Re: Tier 1 General (Dependant) extension after 6/04/2018

Post by CR001 » Wed Mar 28, 2018 1:34 pm

What will be impact of this change on Tier 1 General dependant extension application.
No.
As ILR for Tier 1 General will be closed after 6/04/2018.
This ONLY applies to main tier 1 general visa holders and not to dependents.
Char (CR001 not Casa)
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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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Re: Tier 1 General (Dependant) extension after 6/04/2018

Post by kkashiff » Wed Mar 28, 2018 2:26 pm

CR001

I have spoken to UKBA, they even said that my wife needs to change the route either as a settlement dependent or long residence. As in the change, they mentioned

"From 6 April 2018 the Tier 1 (General) category will be closed to all settlement applications. You must apply by post or book and attend a premium service centre appointment by this date"

There is no clear information in it, just a confusion about dependants.

Could you please clarify how this rule is only for main applicants but not for dependants.

Really appreciate for your prompt reply.

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Re: Tier 1 General (Dependant) extension after 6/04/2018

Post by CR001 » Wed Mar 28, 2018 2:49 pm

The immigration rules Part 6a clearly state the route is closed for Main Tier 1 G holders. Immigration Rules Part 8 PBS Dependents does not state the route is closed for Tier 1 general dependents.

Tier 1 General Main visa holders
Immigration Rules Part 6a - 245CD (click)
245CD. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) DELETED
(b) The applicant must not fall for refusal under the general grounds for refusal (except that paragraph 322(1C) shall not apply if the applicant meets the conditions in (f)(i)-(iii) below), and must not be an illegal entrant.
(c) The applicant must have spent a continuous period as specified in (d) lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) DELETED
(v) DELETED
(vi) DELETED
(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or as a Work Permit Holder where the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
(d) The continuous period in (c) is:
(i) 4 years, if the applicant:
(1) received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 3 April 2006,
(2) was subsequently granted entry clearance or leave to remain on the basis of that letter, and
(3) has not since been granted entry clearance or leave to remain in any category other than as a Highly Skilled Migrant or Tier 1 (General) Migrant; or
(ii) 5 years, in all other cases.
(e) If the applicant has or has had leave as a Highly Skilled Migrant or as a Tier 1 (General) Migrant under the Rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the Rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of Appendix A.
(f) Where the applicant:
(i) received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 7 November 2006,
(ii) was subsequently granted entry clearance or leave to remain on the basis of that letter, and
(iii) has not since been granted entry clearance or leave to remain in any category other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the applicant must be economically active in the UK, in employment or self-employment or both.
(g) in all cases other than those referred to in (e) or (f) above, the applicant must have 80 points under paragraphs 7 to 34 of Appendix A.
(h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL of these Rules, unless the applicant meets the conditions in (f)(i)-(iii) above.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded, unless the applicant meets the conditions in (f)(i)-(iii) above.
(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA, unless the applicant meets the conditions in (f)(i)-(iii) above.
(k) DELETED
(l) DELETED
(m) The application for indefinite leave to remain must have been made before 6 April 2018.
Tier 1 General and Other PBS Dependents
Immigration Rules Part 8 - 319E (click)
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules, and
(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
(1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s), and
(2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.
(iii) Any time spent lawfully in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man shall be deemed to be time spent in the UK.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
(h) DELETED
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
It is important to note that the call centre as we understand is a third party agent and often give out incorrect information.
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.

kkashiff
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Re: Tier 1 General (Dependant) extension after 6/04/2018

Post by kkashiff » Wed Mar 28, 2018 3:17 pm

CR001

Many thanks for your reply.

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