LR ILR applied can applicant apply T1 ILR also ?

[Evicra]

hi
I am asking on behalf of my cousin(A). I hope to get benefit from your knowledge.
My cousin applied for LR -ILR last Aug 20. he hasn't received the decision yet.
A ) also holds Tier 1 ent Visa route which will enable him to apply for ILR in March 2021

A's spouse (B) holds Tier 1 dependant visa leading to ILR if (A) gets Tier 1 ILR.

my question is .
if A gets LR ILR. can A also apply for T1 ILR at later stage so that B can get ILR too?

or please advise what is best scanrio in this case.
i gave him advice that he should have stayed waiting till A could get T1 ILR So B can also avail that chance.
Please advise
Best Regards
Asg

[CR001]

Please don't tag questions for other people onto your existing topic.

if A gets LR ILR. can A also apply for T1 ILR at later stage so that B can get ILR too?

No. A cannot apply for ILR again if they already hold ILR, once ILR is granted, the Tier 1 visa will be cancelled/void. The rules don't work like that. B cannot get ILR based on Tier 1 Dependent if A gets ILR based on long residence.

or please advise what is best scanrio in this case.

B would have to switch to FLR(M) and meet the English and Financial requirements. B's 5 year ILR clock will reset to zero.

i gave him advice that he should have stayed waiting till A could get T1 ILR So B can also avail that chance.

He should have applied for ILR based on Tier 1, assuming he met ALL the requirements. As only then would B qualify for ILR based on Tier 1 dependent.

[Evicra]

CR001 thank you very much for your kind reply

[Evicra]

CR001. When you say that A's LR-ILR visa would void A's T1 visa then doest that mean that B's Visa would also be void as she is dependent on A's T1 visa.

And problem is that B went to Pakistan day before yesterday . so if A gets LR ILR wouldn't that be a problem for B on return ,A and B also has a daughter C. she also has A's T1ent dependant visa.

your on time will help us a lot

[CR001]

CR001. When you said that A's LR-ILR visa would void A's T1 visa then doest that mean that B's Visa would also be invalid as she is dependent on A's T1 visa.

No. B's visa remains valid provided B does not travel out of the UK. A's visa is superceded by ILR. A person cannot hold two UK immigration status under the UK immigration rules. Once A gets ILR, nothing about Tier 1 applies to A anymore.

And problem is that B went to Pakistan day before yesterday . so if A gets LR ILR wouldn't that be a problem for B on return

B could be refused entry if A has ILR by the time B wants to return and yes, members have reported this happening. This is because her conditions of stay have changed. This would NOT apply if A had apply for ILR based on Tier 1.

https://www.immigrationboards.com/immig ... 43881.html

A and B also has a daughter C. she also has A's T1ent dependant visa.

Same rules apply to the child as for B. Child will also have to switch with B to FLR(M) if C was born abroad (you don't state where the child was born).

[Evicra]

thank you