ILR for Tier 1(G) with first 2 yrs break in work

[niceguy2042]

Hello Immigration Experts !!!

I am new to this forum and already got lot of useful information by reading the threads. I have my ILR premium appointment in last week of May. I have couple of queries which need your help.

My wife is the main applicant for ILR who has Tier 1 (General).We moved to UK in 2009 June with Tier 1 (General) for my wife and Tier 2 (ICT) for myself & kids. My wife didn't gone to work initally since we had a baby boy and she want a break to take care of him.She started working in UK since from May 2011 and still continuing in the same permenant job. Her salary met the PBS requirement and we have eligibility to apply for ILR. Myself and my 2 kids changed as dependents to my wife from Sep'12.I quit my permenant job and started working as a freelancer since Mar 2013.

I have the below queries

1. Now my wife is applying for ILR as a main applicant and me & kids as dependents. She has all the eligibility based on PBS for ILR. Does the initial 2 years break has any impact on ILR? (I do not thinkso but still need experts opinion to avoid any risk)

2. As a dependant, i have all the P60's, bank statements, Council tax receipts on my name etc..Do i need to provide any additional document like payslips or dividend voucher from my Ltd.Company ? (I already have Life in UK pass certificate,NARIC letter & Medium of instruction letter from my university)

3.Regarding continuous living, me or my wife never stayed 30 days outside UK in any block year(Total 120 days of absence in the whole 5 year).Do we still need to provide leave of absence letter from my wife's employer? (Employer is not ready to provide such letter since they don't know whether you are inside or outside UK during your absence)

Appreciate your help on this.

Thanks in advance.

[Amber]

When were you first granted leave as a PBS dep?

[niceguy2042]

Hi Amber,
Thanks for your reply.

My wife's Visa status : Jun-2009 to till date Tier 1(General) .Working from April 2011.

Me & kids

Jun-2009 to Aug-2012: Tier 2 (ICT)
Sep-2012 to till date : Tier 1 dependents

Please let me know for any concerns

Many thanks

[Amber]

As you were granted leave as a PBS dep after July 2012, you may be subject to a 5 year route to settlement rather than 2.

[niceguy2042]

Hi Amber,

Sorry i am not getting you.

As you were granted leave as a PBS dep after July 2012, you may be subject to a 5 year route to settlement rather than 2.

What does it mean? Are we not eligible for ILR in this Jun'14? Is there any restriction which says the total 5 years should not mixed with Tier 2(ICT) & Tier 1 dep.

In my case main applicant is my wife she continuously living in UK for 5 years under Tier 1 (G)

Appreciate if you throw some light on the policy

[niceguy2042]

Hi Amber,

I have quickly checked the Home office website for guidelines for Partners/dependents

Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible.

Eligibility for partnersYour partner may qualify if all of the following apply:

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
your relationship is genuine
you intend to carry on living together
you’re not using public funds


We become Tier 1 dependents from Sep2012 but all of us are living in UK for last 5 years. What is the meaning of "living 5 years" here?

Appreciate your response. I am bit worried now

[Amber]

I'm afraid as you were first granted PBS dep leave after July 2012, you will have to be a PBS dep for 5 years before qualifying for settlement. You cannot combine the time on other leave with PBS dep leave.

[niceguy2042]

very disppointed to hear this..

But my wife lived in UK for 5 years in Tier 1. Now we have fixed an appointment with PEO for ILR in last week of May. My wife is eligible for ILR and we dependents are not eligible it seems..

What should we do now? Do we need to extend my wife's Tier 1? All of our visa expires in the middle of June

Appreciate your response.

[Amber]

Your wife can settle on SET(O) and you and the child can extend as PBS deps until such times as you qualify for settlement. Where were the children born?

When did you actually apply for PBS dep leave initially?

[niceguy2042]

If my wife can get ILR in this May'14 then she can get Citizenship in May'15 Am i correct?..is it possible for me and kids to get citizenship in May'15?

Both of our children were born in India.

Please find our Visa stamping details below

My wife:Tier 1 (General) stamping Date: 15-Jun-2009
Moved to UK: 20-Jun-2009

Me & Kids
Tier 2 (ICT) stamping date : 03-Jun-2009
Moved to UK : 20-Jun-2009

Moved to Tier 1 dep: 16-Aug-2012

Amber..Please give me some good news..already i am very much disappointed

Many thanks for your response

[Amber]

When did you apply for PBS dep leave - the leave you got in August 2012, you can not apply for citizenship without first having ILR.

[niceguy2042]

Hi Amber,

I have further explored the guidelines for dependent children

Eligibility for children
Your child can apply if they:

• were previously given permission to stay in the UK as your child
  aren’t married or in a civil partnership
  will live with you and be supported by you without using public funds
  You and your child’s other parent must both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle.

So in our case, my wife and 2 kids can go for ILR but as a partner i have to go for PBS dependent and wait till Aug 2017 for ILR (Provided home office policy allowed me that time)

Am i correct?

[Amber]

You are correct about yourself having to wait until 2017 (I assume the PBS dep application was made after 9 July 2012). However, I'm afraid the same will be true for the children (they'll have to extend) as:

(e) Both of an applicant's parents must either be lawfully settled in the UK, or being
granted indefinite leave to remain at the same time as the applicant, unless:

(iv) One parent is, at the same time, being granted indefinite leave to remain as a
Relevant Points Based System Migrant, the other parent is lawfully present in the
UK or being granted leave at the same time as the applicant, and the applicant
was granted leave as the child of a Relevant Points Based System Migrant under
the Rules in place before 9 July 2012.

[niceguy2042]

Thanks Amber...

I thought , at least my children are eligible for ILR

So going forward, i have to cancel myself & kids from the premium appointment booked in May last week and proceed for my wife's ILR. Then I have to book a separate appointment for 3 PBS dependents after my wife's ILR processed.

Is it possible to cancel only the dependents from SET (O) premium appointment?

many thanks for your clarifications

[Amber]

You should be able to do the extension (3 years leave) at the same appointment. There shouldn't be a need to cancel.

[Amber]

If an applicant was granted an initial period of leave to enter or remain as a PBS
dependant after 9 July 2012 but has not lived with their PBS partner for the
required 5 years in the United Kingdom at the date their partner is applying for
indefinite leave to remain then, provided their partner gained indefinite leave to
remain as a relevant points based system migrant, the applicant can apply for
further leave to remain under paragraph 319C (b) (iii) (1) or (2).

Provided they meet the remaining requirements of paragraph 319C they should
be granted a further period of leave 3 years under paragraph 319D (a) (ii).

Once they have completed the required 5 year period living in the United
Kingdom with their settled partner, who gained indefinite leave to remain as a
relevant points based system migrant, they can qualify for indefinite leave to
remain under:

 paragraph 319E (b) (i), (c) (i), (d) (ii) - applicable where their partner has
indefinite leave to remain; or

 paragraph 319E (b) (i), (c) (iii), (d) (ii) – applicable where their partner has
become a British citizen where prior to that they held indefinite leave to
remain as a relevant points based system migrant.

For further guidance refer to Points Based System Dependant modernised
guidance.

[niceguy2042]

Thanks a ton Amber..Your help is highly appreciated.

Sorry to shoot further questions. Please can you clarify the below points?

1. I have booked premium appointment for SET (O) with my wife as main applicant and me & 2 kids as dependents. Can we use the same appointment for PBS dependents?What is the impact on visa fees for PBS dependents & ILR dependents?

2. For PBS dependents, we have to show maintenance fund of 600 each (3*600=1800 Pounds) which exists in a bank account for 90 days.(I do not think maintenance fund is required for my wife since she is applying for ILR). Can this minimum balance of 1800 pounds can be showed in combined bank accounts of me & my wife for the 90 days?

3.With the current situation, if we get 3 years extension under PBS dependents category, home office will give LR till June 2017. But as PBS dependents, we are going to complete 5 years only by 16th Aug 2017. Is it possible to get ILR in Jun'17 or should we need another PBS extension for ILR?I heard home office is going to stop PBS extensions from next year.

Once again, thanks a lot for your prompt response with accurate information.

[Amber]

1. Should be ok. 2. Yes and 3. Before leave expires you could apply for an extension by post then vary to SET(O) from 28 days before you qualify.

[shakeelburki]

Hi amber
i hope u doing well.can you kindly tell me regarding dependant visa T 1ENT .That what business documents i need to send along with My dependant application,i am asking this becoz my business is new about 5 Months and my business account is not in proper running position the last transition was in start of January 14 and hardly have 2 or 3 transition since Nov 13, so if anybody got dependant visa kindly share it with me that i am been apart from my family and want them here. many thanks .

[niceguy2042]

Amber..you are a star..Great to see your quick response.

For query no 3.

Before leave expires you could apply for an extension by post then vary to SET(O) from 28 days before you qualify.

Sorry..i couldn't understand completely.Could you please explain little further? Is it possible to apply for PBS extension in 2017? Will home office policy allow PBS extension in 2017?


Many thanks..

[Amber]

Yes there should be transitional protection if PBS dep leave should ever stop.

[niceguy2042]

Hi Amber,

I have an update after contacting UKVI Helpline today

The UKVI helpdesk person has confirmed that my kids are eligible for applying ILR along with my wife. I have asked her to double check and come back on that and even mentioned about the immigration rules of section 319J but she confirmed that there are minor amendments in the immigration policy since July 2012. Also she said , my call has been recorded and i can mention her name and time of the call if caseworker raised any questions.

She also confirmed that i have to go with PBS dependant's route.Also clarified, we can't use the existing SET(O) appointment since there is a fees difference and ILR & PBS dependant are different categeroies.I am not sure if possible to only cancel mine from the SET(O) booked for family

I am planning to cancel exisitng ILR appointment and book a separate SET (O)appointment for my wife & kids and PBS for me.

Please revert with your comments.

[Amber]

To my recollection, the people on the phone are not caseworkers. I've explained the rules if they're willing to ignore them, that's good for you.

[niceguy2042]

Hi Amber,

I have cancelled my previous SET(O) family appointment and booked a single appointment for my wife.My wife's ILR application got approved and going to receive BRP in couple of days.

Now i am thinking of applying SET(O) for my 2 kids as ILR dependants and need clarifications on filling up SET(O) application form.

In SET (O) application, there is only one page where we can fill the details of dependants. If i am applying after we receive BRP for my wife, then how would we fill the SET(O) form? Do we need to fill all the finance and leave of absence history again?

Please revert back.

Thanks in advance

[Amber]

They'll have to apply with you, when you've completed 05 years.