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Spouse & Child of ILR (10 Yr Route)

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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GrumpyMule
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Spouse & Child of ILR (10 Yr Route)

Post by GrumpyMule » Mon Feb 22, 2016 3:31 pm

Hello all,

Firstly this has been a great place and I commend the group, especially the admins. Also everyone else.!!

I have rectnly got ILR on 10 yr route. Before that I am on a Tier-1 General.

My wife and son are in UK and still on Tier-1 G dependat route. (As thay cant apply at the same time as me).

I cant seem to understand the application and requirements to use for their 'remain in the UK with family' whcih I think is the right category.

Any help is appreciated & applauded :) Am stuck and need to act asap.

Thanks all..

secret.simon
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Re: Spouse & Child of ILR (10 Yr Route)

Post by secret.simon » Mon Feb 22, 2016 4:37 pm

If your wife and child are on a Tier 1 Dependent route, they can continue on that route until they reach ILR after five years as Tier 1 dependent, provided they meet the requirements.

If you switch them to the ILR dependent route, their clock will reset to zero and all the time they they were in the UK as Tier 1 dependents will not count. They will then require five years as ILR dependent to qualify for ILR.

So, keep them as Tier 1 dependent till they reach ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Spouse & Child of ILR (10 Yr Route)

Post by CR001 » Mon Feb 22, 2016 7:14 pm

Quick correction. Your family cannot continue as Tier 1 Dep. They will have to switch to FLR(M) which will reset their clocks for ILR to zero and they will have to wait 5 years on FLR(M) ( 2 x 2.5 year visas) before they will qualify for ILR.

They cannot use the time already spent in the UK as Tier 1 Dep towards this new 5 years residence period. The rule changed in April 2014.

Had you applied for ILR based on Tier 1 General, then secret.simon's advice would have been correct.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

GrumpyMule
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Re: Spouse & Child of ILR (10 Yr Route)

Post by GrumpyMule » Wed Feb 24, 2016 8:54 am

Thanks a lot Guys... :)

That clarifies things..

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Casa
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Re: Spouse & Child of ILR (10 Yr Route)

Post by Casa » Wed Feb 24, 2016 10:43 am

GrumpyMule wrote:Thanks a lot Guys... :)

That clarifies things..
...and Girls :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

GrumpyMule
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Re: Spouse & Child of ILR (10 Yr Route)

Post by GrumpyMule » Wed Feb 24, 2016 1:46 pm

And Girls.. :idea: 8)

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