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Tier 1 Dependent to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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VWS
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Posts: 100
Joined: Wed Sep 21, 2016 7:46 am

Tier 1 Dependent to ILR

Post by VWS » Wed Mar 17, 2021 5:29 pm

Hi

Hope you are all doing well.

Needed some help on few things please.

My partner came in UK in Aug 2017 via Tier 1 Dependent route. I am a British citizen now, but she was given one extension along my ILR in July 2019 which is valid till July 2022.

She will be eligible for ILR in Aug 2022. I understand I have to apply for another extension in May 2022.

Question is...

0. This extension would still be under Tier 1 dependent guidelines. (NOT a spouse of british citizen)

1. how long the extension would be for in May 2022?

2. Is there any such rule that she can only stay outside UK in last 2 years for a maximum of 90 days? (I am under the impression that its 180 days for rolling 12 months cycle like May till May next year?)

I know I have lots of time but planning a few things which is why good to have some clarification.

A stitch in time saves Nine :D

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CULLINAN
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Re: Tier 1 Dependent to ILR

Post by CULLINAN » Wed Mar 17, 2021 8:47 pm

If you got your ILR via the PBS route and not LR:

She will continue as a PBS dep. She does not need any more extensions. She can apply ILR when she completes 5 years minus 28 days from first visa issue date. Her current visa validity till July 2022 will take her there.

She has absence limits of not more than 180 days on rolling basis after July 2019 in this case.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

VWS
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Posts: 100
Joined: Wed Sep 21, 2016 7:46 am

Re: Tier 1 Dependent to ILR

Post by VWS » Thu Mar 18, 2021 9:13 am

Main person received ILR via Tier 1 Graduate Entrepreneur Route.

Sorry I was asking for a friend and dates got a bit mixed up in our conversation.

His partner came in UK in Nov 2017 via tier 1 dependent route and then got an extension which is valid till May 2022.

Her 5 years would complete in Nov 2022. Her current visa is valid till May 2022.

So there is no such rule of having 90 days absence in last 2 years of visa???

Question is...

0. This extension would still be under Tier 1 dependent guidelines. (NOT a spouse of british citizen)

1. how long the extension would be for in May 2022?

2. Is there any such rule that she can only stay outside UK in last 2 years for a maximum of 90 days? (I am under the impression that its 180 days for rolling 12 months cycle like May till May next year?)

Apologies for mixing info and thanks for clarifying.

Much appreciated.

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zimba
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Re: Tier 1 Dependent to ILR

Post by zimba » Thu Mar 18, 2021 9:38 am

Tier 1 Graduate Entrepreneur Route does NOT lead to ILR. So your friend must have been under the normal Tier 1 Entrepreneur route.

0. Correct
1. 3 years
2. Yes, there is an absence limit
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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