Tier1 General PBS Dependent Visa Extension

[khan_80]

Dear All
I will be going to apply for ILR in End of 2017. but my family came last year in september 2014. so untill end of 2017 they will behaving only 3 year and 4 months.

So what will be thier status after i get ILR and under which category thier visa will be extended. Also does thier 3 year and 4 months will counts towards thier ILR or they will need to stay again for 5 years.

Also Kids under 18 which are born out side UK, can get ILR same time with me or they also need to stay 5 years first and then get apply for thier ILR.

Thanks

[hsyasin]

So what will be thier status after i get ILR and under which category thier visa will be extended. Also does thier 3 year and 4 months will counts towards thier ILR or they will need to stay again for 5 years.

Yes that'll be counted towards ILR, and you just need to do an extension on under existing category (i presume Tier1 General Dependant), and they just need to complete 5yrs under this category with and extension in ur case when their visa expires in 2017 they'll need to stay further 1year and 8 months(completing 5yrs since they came here) and then they'll be eligible for ILR.

Also Kids under 18 which are born out side UK, can get ILR same time with me or they also need to stay 5 years first and then get apply for thier ILR.

Same goes for ur kids, as they come under dependant category.

This is what i know and have read from different posts on this forum and I'm not an expert. I'm sure experts will chip in to correct/advise accordingly

[CR001]

I will be going to apply for ILR in End of 2017

On what basis are you applying for ILR? Tier 1 Gen??

[khan_80]

I will be going to apply for ILR in End of 2017

On what basis are you applying for ILR? Tier 1 Gen??

Hi CR001
I will be applying on Tier1 Gen.

Actually for Kids under 18, i just heard from some one can get ILR with main applicant even they didn't spend 5 years, but I just heard it from some one. i am not sure.

Does any one has this experince that Kids which came in after July 2012 and have got ILR with Main applicant with out completing 5 years. Please share.
Thanks

[CR001]

How old are your children and when did they arrive in the UK?

On what date do their visas expire?

[khan_80]

How old are your children and when did they arrive in the UK?

On what date do their visas expire?

Hi CR001
They are 4 years and 7 years old. They came last year spe 2014. Currently they hodl visa upto Feb 2017.

[CR001]

They will qualify when the other parent qualifies.

[khan_80]

They will qualify when the other parent qualifies.

Hi CR001
You means that they will not get ILR with main applicant but will get same time with thier mother when they complete 5 years.

[CR001]

Yes as their leave to remain is in line with the mother and can apply with her.

[khan_80]

Dear all
Is there any rules for dependents under 16. If the under 16 has less then 5 years in UK and they born abroad, can they apply for ILR if one of the Parent get ILR.
Also can gets born abroad can apply directly Naturalization or they need to Apply ILR.

Thanks

[vinny]

Posts merged.

[vinny]

Is there any rules for dependents under 16. If the under 16 has less then 5 years in UK and they born abroad, can they apply for ILR if one of the Parent get ILR.

They will qualify when the other parent qualifies.

319J.

Also can gets born abroad can apply directly Naturalization

Unlikely, but possible.

[khan_80]

Thanks Vinny.
One more question. My family got the visa on 30th March 2014 and came to UK on 3rd Sep 2014, as the GAP between Visa Issue date and Entry to UK is less then 180 days, does this means they can apply for ILR on 3rd March 2019 as can apply for ILR 28 days before completion 5 years.

[vinny]

Perhaps entry date is safer.

[marcnath]

Thanks Vinny.
One more question. My family got the visa on 30th March 2014 and came to UK on 3rd Sep 2014, as the GAP between Visa Issue date and Entry to UK is less then 180 days, does this means they can apply for ILR on 3rd March 2019 as can apply for ILR 28 days before completion 5 years.

For dependants the condition is that they should have LIVED with you in the for 5 years so that is only possible from entry date

[khan_80]

Thanks Vinny.
One more question. My family got the visa on 30th March 2014 and came to UK on 3rd Sep 2014, as the GAP between Visa Issue date and Entry to UK is less then 180 days, does this means they can apply for ILR on 3rd March 2019 as can apply for ILR 28 days before completion 5 years.

For dependants the condition is that they should have LIVED with you in the for 5 years so that is only possible from entry date

Hi marchath
Is this new rules that Dependents must live complete 5 Years with Main Applicant in UK to be eligible for ILR, like in my case as my family comes after 5 months of the entry clearance. can you share the link from HO about this.
I called to HO about an hour ago and they told me that this time can be counted towards ILR if less then 180 days in the 12 months period of time.

So I am confused now, we need to count this time or not towards 5 years for ILR.
Thanks

[CR001]

No, the 5 years living in the UK with the PBS main visa holder has always been in the rules since July 2012.

Do you really want to risk losing the huge fee for the sake of a couple of months??

[khan_80]

No, the 5 years living in the UK with the PBS main visa holder has always been in the rules since July 2012.

Do you really want to risk losing the huge fee for the sake of a couple of months??

Hi CR001
Thanks for the Suggestion, you means to be on safe side we should apply 28 days before the Entry date as suggest for Vinny as well.

I have another question, as one of my friend will be Applying ILR next year in January and he was having kind of same issue and out of the UK for 135 days in one year in continues go due to some medical issue with his family and during this time he was jobless, can he count these 135 days and does this will be acceptable by HO if he give the Reasons of his family sickness.

[iubus2005]

Hi All,
Just wanted to add another Clarfication to kind post from Vinny.
In 319E (d) (ii) -- the Specified Period is defined as "..a continuous period of 5 years, during which the applicant must..."

And the calculation of Continuous Period per the guidance says that it "Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12 month period."

So, it seems that it should be OK to apply for ILR counting 5 years from original visa issuance. The Continuous Period is not applicable for 319E (d) (i)

[marcnath]

No, the 5 years living in the UK with the PBS main visa holder has always been in the rules since July 2012.

Do you really want to risk losing the huge fee for the sake of a couple of months??

Hi CR001
Thanks for the Suggestion, you means to be on safe side we should apply 28 days before the Entry date as suggest for Vinny as well.

I have another question, as one of my friend will be Applying ILR next year in January and he was having kind of same issue and out of the UK for 135 days in one year in continues go due to some medical issue with his family and during this time he was jobless, can he count these 135 days and does this will be acceptable by HO if he give the Reasons of his family sickness.

There are no automatic exceptions for absence due to illness (or any other reason), though there is some discretion allowed. So, he will have to apply and see if it will be accepted.