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Doubt on application vary

Posted: Mon Jun 05, 2017 1:08 pm
by jarraj1102
Hi All,

I have a doubt with regards to me and my dependents application.

My Tier 1 SET(O) Application has been with HO for the past 10 months . My dependent's Tier 1 dependent extension application has been pending during the same time. I am completing my 10 years residency in August. I am planning to vary my application to SET(LR) in August and go for for a premium service depending on the answers i get for my below queries.
Now my questions are.

1. If i do get my ILR based on LR, will my dependent's application become invalid?
2. Will her ILR clock be reset ( she joined me on march 2013, so she is eligible for her ILR in 2018 considering i get my ILR based on SET(O) ).
3. Can she continue to be a Tier 1 dependent after my successful SET (LR)

Any suggestions and help is very much appreciated . Many thanks in advance

Re: Doubt on application vary

Posted: Mon Jun 05, 2017 2:33 pm
by zimba
1. If i do get my ILR based on LR, will my dependent's application become invalid?
No but you must vary dependants to FLR(M)
2. Will her ILR clock be reset ( she joined me on march 2013, so she is eligible for her ILR in 2018 considering i get my ILR based on SET(O) ).
If you get 10 year ILR she cannot apply under PBS route for ILR. She has to get FLR(M) and start the 5 years afresh
3. Can she continue to be a Tier 1 dependent after my successful SET (LR)
No as she has no visa any more. She will not be eligible for PBS dependant visa that way. FLR(M) is the only way.

Just a note: You cannot avoid the Tier 1G tax/income issues by simply varying to SET(LR). If your you are accused of getting Tier 1G through deception, then your 10 year ILR WILL be refused on the same grounds as the 10 year must be spent lawfully in the UK. :!: