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Tier 1 ILR waiting over a year

Posted: Thu Jul 09, 2020 8:01 pm
by Ekuno
Hi gurus,
Applied as a PBS dependant of Tier 1 50k ILR on 04 Feb 2019 along with the main applicant (spouse)
Letter from HO in August 2019 that they're awaiting response from another government department or agency.
Several chase calls made by main applicant.
Chased through MP in Feb 2020 and responded in March 2020 that they're awaiting information.
Main applicant SAR request in May 2020 shows no significant chase made on the case in our opinion.
Main applicant made complaint after that but responded delay was now due to covid and no staff physically in office but we can see on other threads that people are getting approvals.
Now my questions please:
My partner (main applicant) 10 years will be due in Aug 2020 (arrived UK Sept 18 2010) while dependant 10 years will be due in January 2021 (arrived UK Feb 18 2011). If my partner applies for 10 year route in August due to delay on Tier 1 ILR, what route can I, dependant switch to without breaking my continuous 10 years. Is it Dependant of settled person or FLR.
I know the main applicant can apply in August 2020 for 10 year route if there is priority service and that will invalidate the pending Tier 1 ILR application but dependant will be left to decide switching to another route for the period left to clock 10 years.
Please, kindly shed more light on this situation. We've waited too long on this and now finding options to suit both of us 10 years.

Thanks in advance.

Re: Tier 1 ILR waiting over a year

Posted: Thu Jul 09, 2020 8:05 pm
by CR001
You would have to vary to FLR m spouse visa and meet the English and financial requirements.

If you don't meet these two requirements, then it is FLR FP.

If your partner's ILR LR fails, your extension, whichever you apply for, will also fail.