Immigrationboards.com

Hi ,

I am on Tier1 ( General) migrant with my wife and dependent child on Tier1 (Gen) visa. recently applied for ILR for all three as I've completed 5 years , though i and my son got ILR but my wife's application was refused on continuous period stay, although home office hasn't returned my old biometric card as i will get new one, but my wife Bio metric card is returned as still has validity till Oct 2017.

I've a query , since my Tier1 (Gen) is now changed to ILR , is my wife Visa as Tier1 ( GEN) dependent is still valid and i can i still apply for one more extension as Tier1 ( Gen) dependent after Oct 2014 to let her complete 5 years and apply ILR for her ?

I'll appreciate if someone who has idea about such situation respond.

Thanks in advance for your time to read this post.

That means they will have to continue on Tier 1 (extend if required) until they qualify for ILR. This will be a 5 year period prior to the date of application if they have received their entry clearance after 9th July 2012 .

your wife need to continue to extend on T1G until she complete 5Y. As you settled via T1G still she will be able to extend via this route (if require) once current visa expire in 2017.

Current form: https://www.gov.uk/government/uploads/s ... _03-16.pdf

Your wife refused but child approved: this is because for child 5Y/2Y is not required (for T1G i know this but other category dont know), and the requirement is child has to be on your dependent visa before.

Abc499 wrote:

for child 5Y/2Y is not required (for T1G i know this but other category dont know), and the requirement is child has to be on your dependent visa before.

Sorry I misunderstood. Child 2/5Y not required but both parents probably need to be settled. Then I think your child might be born here, which is why they approved child too. ( if born here then child could also apply directly for citizenship with ILR too).

Thanks a lot for replying to my query.

On different note about my wife's ILR refusal. My wife first EC was Dec 2011, but in July 2012 she went to India for 7 months and later her Tier1 visa expired in Aug 2012, I applied for another Tier1 Gen visa in Feb 2013 and she entered UK again in Mar 2013.

UKVI rules say if first Entry Clearance ( Tier1 visa stamping) was done before July 2012 then 2 year continuous stay required for ILR, otherwise 5 years stay is required. My wife's ILR is refused on the ground that since there is gap of 6+ months between her first Tier1 visa and 2nd Visa extension ( as my wife went to India to look after her ailing mother), therefore the rules after July 2012 will be applied which is 5 years stay ,although Immigration rules are a bit vague and doesn't clearly state anywhere that any such break of 6+ will make previous entry clearance invalid and she will need to spend 5 year period (from March 2013) before applying ILR when she entered the UK again.
Does it make sense to apply for Admin review as there is no clear rule which say this. ?

Thanks

neels111 wrote:Thanks a lot for replying to my query.

On different note about my wife's ILR refusal. My wife first EC was Dec 2011, but in July 2012 she went to India for 7 months and later her Tier1 visa expired in Aug 2012, I applied for another Tier1 Gen visa in Feb 2013 and she entered UK again in Mar 2013.

UKVI rules say if first Entry Clearance ( Tier1 visa stamping) was done before July 2012 then 2 year continuous stay required for ILR, otherwise 5 years stay is required. My wife's ILR is refused on the ground that since there is gap of 6+ months between her first Tier1 visa and 2nd Visa extension ( as my wife went to India to look after her ailing mother), therefore the rules after July 2012 will be applied which is 5 years stay ,although Immigration rules are a bit vague and doesn't clearly state anywhere that any such break of 6+ will make previous entry clearance invalid and she will need to spend 5 year period (from March 2013) before applying ILR when she entered the UK again.
Does it make sense to apply for Admin review as there is no clear rule which say this. ?

Thanks

The rules are not 'vague'. It has nothing to do with her absence. It has everything to do with the fact that she applied for a new entry clearance from OUTSIDE the UK in 2013. Had she returned to the UK before her visa expired and applied for an extension, she would still be under the pre July 2012 rules. The new entry clearance in 2013 put her on the new 5 year rule.

AR is pointless, HO did not make an error.

anoops1984 wrote:That means they will have to continue on Tier 1 (extend if required) until they qualify for ILR. This will be a 5 year period prior to the date of application if they have received their entry clearance after 9th July 2012 .

Thanks for replying. Her first entry clearance was in Dec 2011 , but counter reset as she was outside UK for more than 6+ months and she came back in March 2013. won't they refuse Tier 1 dependent extension because my status is changed to ILR ? im no more on Tier1 General so not sure on what basis they will provide extension in Tier1 Dependent category , asking this again as need to make sure that she is not refused extension next year for some reason or because of ignorance of law.

CR001 wrote:

neels111 wrote:Thanks a lot for replying to my query.

On different note about my wife's ILR refusal. My wife first EC was Dec 2011, but in July 2012 she went to India for 7 months and later her Tier1 visa expired in Aug 2012, I applied for another Tier1 Gen visa in Feb 2013 and she entered UK again in Mar 2013.

UKVI rules say if first Entry Clearance ( Tier1 visa stamping) was done before July 2012 then 2 year continuous stay required for ILR, otherwise 5 years stay is required. My wife's ILR is refused on the ground that since there is gap of 6+ months between her first Tier1 visa and 2nd Visa extension ( as my wife went to India to look after her ailing mother), therefore the rules after July 2012 will be applied which is 5 years stay ,although Immigration rules are a bit vague and doesn't clearly state anywhere that any such break of 6+ will make previous entry clearance invalid and she will need to spend 5 year period (from March 2013) before applying ILR when she entered the UK again.
Does it make sense to apply for Admin review as there is no clear rule which say this. ?

Thanks

The rules are not 'vague'. It has nothing to do with her absence. It has everything to do with the fact that she applied for a new entry clearance from OUTSIDE the UK in 2013. Had she returned to the UK before her visa expired and applied for an extension, she would still be under the pre July 2012 rules. The new entry clearance in 2013 put her on the new 5 year rule.

AR is pointless, HO did not make an error.

Thanks for your time to patience to respond, then probably doesn't make sense to apply for AR .
But are you sure that she won't be refused another extension in Oct 2017 ? on the ground that myself ( main applicant) is no more on Tier-1 General, so what basis they will provide extension in Tier 1 Dependent category ?? just asking this again to make sure that she is not refused extension next year for some other reason and fees is exorbitant for any tier1 application so its monetary loss well.

Abc499 wrote:

Abc499 wrote:

for child 5Y/2Y is not required (for T1G i know this but other category dont know), and the requirement is child has to be on your dependent visa before.

Sorry I misunderstood. Child 2/5Y not required but both parents probably need to be settled. Then I think your child might be born here, which is why they approved child too. ( if born here then child could also apply directly for citizenship with ILR too).

My child is born in India and he has exactly same visa status ( break of 6+months) as my wife but strangely my wife's ILR was refused and child was approved .

neels111 wrote:

Abc499 wrote:

Abc499 wrote:

for child 5Y/2Y is not required (for T1G i know this but other category dont know), and the requirement is child has to be on your dependent visa before.

Sorry I misunderstood. Child 2/5Y not required but both parents probably need to be settled. Then I think your child might be born here, which is why they approved child too. ( if born here then child could also apply directly for citizenship with ILR too).

My child is born in India and he has exactly same visa status ( break of 6+months) as my wife but strangely my wife's ILR was refused and child was approved .

Children as YOUR dependent visa holder do not have the same requirements as adults.

neels111 wrote:Thanks for your time to patience to respond, then probably doesn't make sense to apply for AR .
But are you sure that she won't be refused another extension in Oct 2017 ? on the ground that myself ( main applicant) is no more on Tier-1 General, so what basis they will provide extension in Tier 1 Dependent category ?? just asking this again to make sure that she is not refused extension next year for some other reason and fees is exorbitant for any tier1 application so its monetary loss well.

No, there should be no issue in applying for an extension as the rules permit this but ONLY if you got ILR based on 5 years residence PBS route.

Children as YOUR dependent visa holder do not have the same requirements as adults.[/quote]


Now i see why his application was approved , thanks for your help you just clarify everything.

See also Dependents of ILR economic 5 year route applicants (click)