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Change of circumstances for ILR dependant

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jammie_pl1
Newly Registered
Posts: 17
Joined: Fri Apr 23, 2010 7:28 pm

Change of circumstances for ILR dependant

Post by jammie_pl1 » Mon Jul 13, 2015 3:41 pm

Hi Seniors,

Need your valuable advice.
Main applicant:
Tier -1(gen) valid till Mar 2018
Eligible for ILR on May 2016
Planning to apply ILR on May 2016 as all the documents are ready. May go for same day processing for ILR.

Dependant:
On tier -1 dependant valid till Jan 2016
Eligible for ILR in Jan 2019

Since there is very little gap from Jan 2016 to May 2016 I am planning to apply for dependant of settled person visa once I get my ILR in May 2016. If I apply for dependant extension in Jan 2016 then I have to shell out lot of money till my depndant become eligible for ILR which also includes healthcare surcharge which is not applicable for ILR dependant.
Lets say I applied for tier 1 extension for depndant on Jan 2016 by post then I assume that by May 2016 the application is still under process. Can I then apply for change of circumstance for depndant because by then I get my ILR in May 2016.
Can this be possible. It all depends on how late the case worker process the application for dependant.
If I ask my depndant to take leave between Jan 2016 till May 2016 by going back to home country and apply from there on May 2016 then how difficult the process would be. Will the dependant's clock resets once no visa is there between jan to May.

Can you please help on this.

Thanks
Jammie

secret.simon
Moderator
Posts: 11552
Joined: Thu Feb 21, 2013 9:29 pm

Re: Change of circumstances for ILR dependant

Post by secret.simon » Mon Jul 13, 2015 4:24 pm

If your dependant switches from PBS dependant to Dependant of settled person, the clock for ILR will reset and they will need to spend five years in the UK from the time that they got dependant of settled person visa.

If they apply from overseas more than 28 days after their earlier visa had expired, it would be treated as a new application, not an extension and the clock would reset, with a further five years being required in that case too.

Much better to renew the T1 dependant visa before you apply for ILR and keep them on that visa till she applies for ILR.

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