Dependant ILR application questions
Posted: Wed May 14, 2014 12:05 pm
Hi All, I would like to know your suggestions regarding dependent application where there is a risk.
Situation:
I am on Tier1 (general) visa. My wife and kid are Tier1 dependents
Wife's (Dependent) first EC issued: August 2009(valid until June 2012)
Wife's (Dependent) date of entry: September 2009
Date wife left the country: May 2012
Wife's second entry clearance issued: Jan 2013(valid until July 2014)
Wife's date of (second) entry : March 2013
Main applicant ILR eligibility date:May 2014
The visa validity for all of us: July 2014
Because she applied for second entry clearance after the July 2012 rule changes, she need to complete 5 years for ILR.
The plan:
Situation:
I am on Tier1 (general) visa. My wife and kid are Tier1 dependents
Wife's (Dependent) first EC issued: August 2009(valid until June 2012)
Wife's (Dependent) date of entry: September 2009
Date wife left the country: May 2012
Wife's second entry clearance issued: Jan 2013(valid until July 2014)
Wife's date of (second) entry : March 2013
Main applicant ILR eligibility date:May 2014
The visa validity for all of us: July 2014
Because she applied for second entry clearance after the July 2012 rule changes, she need to complete 5 years for ILR.
The plan:
- Apply ILR for spouse with the main applicant on the same form. Won't apply for kid.
If ILR is approved for spouse apply ILR for kid
If ILR is rejected for spouse apply PBS dependent visa for both spouse and kid.
- 1)As the ILR application for spouse is done in the same application, will a rejection of spouse ILR mean rejection of the entire application including main applicant?
2)Will a rejection for ILR have any consequences in the future for the spouse as per the current rules?
3)In case of ILR rejection, is the PBS dependent visa is the best way forward for dependents? I am asking because we need two extensions before wife completes 5 years and PBS extensions will be stopped next year. Although unlikely it may be, if dependents visa extension will also get stopped, we have to switch to ILR dependent which will reset her ILR clock.