Tier 1 General to ILR on Maternity

[pmnagendra123]

Hello everyone,

I need some advice please. My wife is on Tier 1 General and I am on Tier 1 General dependant visa and both visas expire in April 2015.

My wife is eligible for ILR(Set O) in April 2015, However, She is on Maternity from Aug 2014 till May 2015.

I have been her dependant from Oct 2013(last year), So I have to extend my visa as I will not be eligible for Set(M) since I need to wait for 5 years. And it will be only 18 months as a dependant at the time of application(April 2015).

I need help in the following areas -

1.When my wife applies for Set(O) what are the required documents as she is on Maternity.

2.Is it better for me(husband) to extend my Tier 1 General dependant visa or apply FLR(M)? which one is better. I heard that if I switch to FLR(M), my stay as her dependant till now will not be counted when I apply for Set(M).

3.We are not applying ILR for the newborn. Is it possible to directly Naturalise the baby and take a British passport once the mother is on ILR?

Your suggestion on this matter is greatly appreciated.
Thanks in advance.

Regards
Mani

[Malik44]

I need help in the following areas -

1.When my wife applies for Set(O) what are the required documents as she is on Maternity.

please read page 16 no 94,95
https://www.gov.uk/government/uploads/s ... _08-14.pdf

2. is it better for me(husband) to extend my Tier 1 General dependant visa or apply FLR(M)? which one is better. I heard that if I switch to FLR(M), my stay as her dependant till now will not be counted when I apply for Set(M).

Its better to apply Tier 1 General dependent extension . if you apply FLR(M) than your continuous residence stay clock will resit and you have to spend again 5 years to qualify for ILR.

3.We are not applying ILR for the newborn. Is it possible to directly Naturalise the baby and take a British passport once the mother is on ILR?

Yes Once either both or one parent grant settlement the child born in UK can apply naturalisation on MN1 form and once naturalised certificate received than can apply for British passport

[pmnagendra123]

Thank you very much Malik44 for your very helpful advice.

Further to your reply. Can you please confirm -

1. Will the guidance apply to Set(o) applications as this is related to Tier 1 General applications -https://www.gov.uk/government/uploads/s ... _08-14.pdf page 16 no 94,95.

2. Spot on advice on my Tier 1 extension, Sure, I will not be thinking of thinking of FLR. But due to recent immigration rule changes, UKBA is closing down Tier 1 General extension route -

____________________________________________________________________________

As on latest Tier 1 General Guidance Form -


With effect from 6 April 2015, Tier 1 (General) will close and applications to extend leave will no longer be accepted. Applicants who are currently in the UK and who wish to apply to extend their stay must submit an application on or before 5 April 2015.

1With effect from 6 April 2018, applications for indefinite leave to remain will no longer be accepted in the Tier 1 (General) category. Applicants who are currently in the UK and who wish to apply for indefinite leave to remain must submit an application on or before 5 April 2018.

____________________________________________________________________________

Will this affect Tier 1(G) dependant applications too?

If it affects then no point in extending my stay as Tier 1 General dependant, As ILR applications will not be accepted after 6 April 2018 and I will qualify for ILR only in October 2018.

I only hope its not for dependants of Tier 1 General.

[Malik44]

Thank you very much Malik44 for your very helpful advice.

Further to your reply. Can you please confirm -

1. Will the guidance apply to Set(o) applications as this is related to Tier 1 General applications -https://www.gov.uk/government/uploads/s ... _08-14.pdf page 16 no 94,95.


Apply ILR through Tier 1 G route means applicant has to maintain the same points as he is awarded in his initial Tier 1 G visa
like applicant granted 20 points on Age section that points will remain same in Tier 1 General Extension and in ILR he don't need to show any evidence further in age section.
In Previous Earning Section same rule applied if Applicant granted 30 points in earning section with earning threshold 300000 to 35000. in ILR he need to maintain same points by earning required amount.
point of understanding and difference in qualification age and previous earning section is age same points awarded no evidence needed qualification same points awarded no evidence needed but in Earning section applicant must has to earn required amount on which he can maintain his earning points for last 12 months within 15 months.
Tier 1 General and Set (O) policy guideline only on Earning section is almost same applicant need to produce the evidence for claiming the points as per Tier 1 G policy guideline for Set(O) .
hope you understand





2. Spot on advice on my Tier 1 extension, Sure, I will not be thinking of thinking of FLR. But due to recent immigration rule changes, UKBA is closing down Tier 1 General extension route -

Tier 1 General route is closing for main applicants but Tier 1 General dependent extension remain open.
____________________________________________________________________________

As on latest Tier 1 General Guidance Form -


With effect from 6 April 2015, Tier 1 (General) will close and applications to extend leave will no longer be accepted. Applicants who are currently in the UK and who wish to apply to extend their stay must submit an application on or before 5 April 2015.

1With effect from 6 April 2018, applications for indefinite leave to remain will no longer be accepted in the Tier 1 (General) category. Applicants who are currently in the UK and who wish to apply for indefinite leave to remain must submit an application on or before 5 April 2018.

____________________________________________________________________________

Will this affect Tier 1(G) dependant applications too?

No

If it affects then no point in extending my stay as Tier 1 General dependant, As ILR applications will not be accepted after 6 April 2018 and I will qualify for ILR only in October 2018.

well again ILR remain open for applicant who came through tier 1 G dependent route its closing for main applicant.

I only hope its not for dependants of Tier 1 General.

[pmnagendra123]

Thanks a lot Malik for your advice and time for replying. Your help is greatly appreciated!

Regards

[pmnagendra123]

Dear Malik44, One last question please -

As My wife will apply for Set(o) and I will be extending my Tier 1 General dependant application, Can we do it together using Same Day Service at a PEO?

Or

Do I need my wife to get her ILR first? and then I apply for extension?


Thanks a lot!
Mani

[Sarva81]

Hello guys,
Need advise on this, anyone please point out us....

We are submitting the ILR application by mid of Jan 2015. As my wife is the Primary applicant holding Tier 1 General, while completing the section 6, Immigration history in ILR application.....we have the below query

On our continuos 5 years in UK, One of our holiday break was 87 days (continuous)......i.e. was taken during my wife Maternity leave ( Sep 2011 till June 2012), my wife and new born baby left UK to India from 6th Dec 2011 and returned back to UK by 3rd Mar 2012 (87 days), to spend some time her parents.

Now as we are preparing the documents for ILR, we got a query that should we explain the reason for the 87 days (b/w 6th Dec 2011 to 3rd Mar 2012 ) that my wife spent outside UK or should it okay to mention as 'Spent holidays in India' in the ILR application section 6 'Reason for absence'.... Any evidence required ?

Please guys advise and help me....

With Regards
Kumar