Tier1 General Migrant Dependant

[UpendraBestha]

Hi All;

Kindly give your valuable suggestion on this, please.

I came to UK on Tier1 General on June 2011 and my wife joined my May 2012 and my ILR is due by August 2016.

My queries are

1) Is my wife eligible to apply for ILR along with me? I mean, is she required to spent 2 Years Stay or 5 Years Stay? However, she just spent 1 Years 7 Months from May 2012. She had to leave home country on Maternity leave.

2) Due to some unavoidable situations, she has to travel back to India and she may have to stay there for an Year,i.e she may join me again in June 2016.

In this situation, please advice

1) Whether she is still eligible to apply for ILR along with me by August 2016?

2) If she is not eligible for ILR, Can she apply for Tier1 General Dependant visa? Will this affects her extension as Tier1 General ILR category coming to close by April 2018?

3) If Tier1 General Dependant visa is extended, for how many years will it be extended and to eligible for ILR, how many years she needs to stay in UK?

4) My child will have to travel along with her so Is he eligible for ILR when I apply in August 2016?

Please give your valuable suggestion on this .

Regards,
Upendra.

[geriatrix]

When is your wife's dependant leave granted in 2012 due to expire? If it has expired already, when did it expire?
Likewise for the child.

Reading FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting will be useful.

[UpendraBestha]

Thanks for the reply SushmdMehta.

We went for Visa extension first August 2012, then in Dec 2015 ( because of the Tier1 Category extensions closed by April 2015) and then it extended for all of us ( Myself, Wife and Kid) up to Dec 2017. I had to go for 2nd Extension as I arrived in UK 9 months later after it was issued.

Can you please advise on the queries asked?

Regards,
Upendra.

[UpendraBestha]

Thanks for the reply SushdMehta.

We went for Visa extension first August 2012, then in Dec 2015 ( because of the Tier1 Category extensions closed by April 2015) and then it extended for all of us ( Myself, Wife and Kid) up to Dec 2017. I had to go for 2nd Extension as I arrived in UK 9 months later after it was issued.

Can you please advise on the queries asked?

And my wife first applied for Visa in April 2012 and she joined me in May 2012.


Regards,
Upendra.

[UpendraBestha]

Hi,

Can any one respond to the queries, please. Its indeed urgent for me and depending on your advises, I need to take decision.


Kindly Help.

Regards,
Upendra.

[geriatrix]

Reading FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting will be useful.

Have you made an effort to read this as suggested? The answers to your queries are already available.
e.g. - Q12 and Q13

[UpendraBestha]

Thank you very much and apologies, I did miss them to read.

Most of my doubts were answered however, can I request you to help in understanding on these queries please

From the information you have provided, it is clear that just 2 Years of stay is enough if arrived/applied before 9th July 2012.


1) My Visa and my Wife's & Son's dependant Visa is valid till DEC 2017 and as I mentioned before, she stayed here in UK 1 Year 7 Months only till now. If my wife leaves to India now and come back after an year, i.e. in the Year Jun 2016, and if she stays for another 4 months, her 2 Years Duration completes by Dec 2016. Can we both apply for ILR by DEC 2016 at the same time.

Actually, I, the Main Applicant, will be eligible for ILR by July 2016. Do you advise me to go for ILR first and as soon my wife completes here 2 years stay in UK, then apply my wife and Son's ILR.

Kindly advise.

Thanks
Upendra.

[geriatrix]

If you can provide evidence of cohabitation covering the 2 years that the dependant has lived in the UK, then the dependant may apply for settlement.
There is no requirement in the immigration rules for the qualifying residence period to be "continuous".

Read Note 9 (page 62 of 74) in FLR(M) form form to understand the documentary evidences you can use to prove "cohabitation. This form is not to be used for an application by you ... only referred to here to enable you to understand what sort of evidences are accepted for cohabitation.

It is you choice whether to apply together in December 2016 or separately (you in July 2016, and your wife later).

However, if your child applied for PBS leave before 09-Jul-12 and had held continuous leave since, and you wish to apply in July 2016 without your wife, you may choose to include your child in your settlement application.

[UpendraBestha]

Hi,

I am really in need of expertise advise here, please.

1) Myself, the Tier1 PBS Main Applicant, Wife and Kid Visa's are valid Till Dec 2017.

2) Due to unavoidable Situations, my wife couldn't spent more than 1 Year 7 Months in UK and she will remain in India for next 6 Months and my Kid has spent only 1 year 3 months in UK tilll now.

3) We are expecting Second Kid; due in the month of March 2016.

Can you kindly help in clarifying on these queries, please.

1) Can my Wife and Kid apply for ILR at the same time as of mine; expecting to apply for ILR in July 2016.
Do they need to spend 2 Years in UK in order to apply for ILR?

2) I think, I have to apply PBS Dependant Application for my new born baby. Since he/she will be born in India, Can he/she eligible for ILR or does he/she needs to spend 2/5 Years in UK?

3) Can you advise which form should be used to apply and what's the Funds Maintenance Limit for my new born baby?

Thanks & Regards,
Upendra.

[UpendraBestha]

Hi,
Can you help on this query, please.

Regards,
Upendra.

[UpendraBestha]

Hi,

I am really in need of advise here, please. Kindly Help.

1) Myself, the Tier1 PBS Main Applicant, Wife and Kid Visa's are valid Till Dec 2017.

2) Due to unavoidable Situations, my wife couldn't spent more than 1 Year 7 Months in UK and she will remain in India for next 6 Months and my Kid has spent only 1 year 3 months in UK tilll now.

3) We are expecting Second Kid; due in the month of March 2016.

Can you kindly help in clarifying on these queries, please.

1) Can my Wife and Kid apply for ILR at the same time as of mine; expecting to apply for ILR in July 2016.
Do they need to spend 2 Years in UK in order to apply for ILR?

2) I think, I have to apply PBS Dependant Application for my new born baby. Since he/she will be born in India, Can he/she eligible for ILR or does he/she needs to spend 2/5 Years in UK?

3) Can you advise which form should be used to apply and what's the Funds Maintenance Limit for my new born baby?

Thanks & Regards,
Upendra.

[CR001]

Sushdmehta already provided you with good advice. Do you think asking again will change the answer?

When is your wife and children returning to the UK?

[UpendraBestha]

Apologies for any inconvenience caused. Since my situation has changed and hence requested to respond on the same post with additional queries in it.

-> My Wife has spent nearly 1 Year 7 Months ( First visited in UK in May 2012)? I think, she has to just spend 5 more months in UK in order to be eligible for ILR? Kindly Advise.

-> My First Kid has spent 1 year 2 Months ( First Visited in UK in Jan 2014). May I know his eligibility Criteria for ILR, Please? Is he required to spend 5 Years in UK since he visited after July 2012 Rule?

-> My new Kid born in India, last week. Not sure whats the age limit to apply for VISA as she is just a week older.
May I know her eligibility Criteria for ILR, Please? Is she required to spend 5 Years for her to be eligible for ILR?

-> All of them will be returning UK end of June 2016.


If my wife manages to spend another 6 months in UK , can we all go for ILR submission at the same time?


Kindly advise.

Regards,
Upendra.

[UpendraBestha]

Hi All,

My child is just 2 weeks old, born in India; can you advise me the age limit to apply for the Tier1 PBS dependent please. I still need to apply for passport .

Thanks
Upendra.

[CR001]

There is not age limit. You can apply as soon as you have the passport. Assuming you are still on Tier 1 G and have not applied for ILR.

What is the visa status of the other parent?

[UpendraBestha]

Hi CR001,

Thanks very much for your reply.
Yes; I am still on Tier1 General Visa, the main applicant;

My Wife's visa is valid till 2017 Oct.

Can you please clarify

1) My new born baby is in india. I believe, I need to apply for Tier1 Dependant visa first for the kid to travel UK? If it is yes, I believe, I need to apply for visa through Visa4UK website only? Please confirm.

2) Is she require to complete 5 Years of Stay in UK inorder to apply for ILR?
( Planning to go for ILR by July 2016)?


Thanks
Upendra.

[UpendraBestha]

Can anyone kindly respond to my query, please.

Regards,
Upendra.

[CR001]

1) My new born baby is in india. I believe, I need to apply for Tier1 Dependant visa first for the kid to travel UK? If it is yes, I believe, I need to apply for visa through Visa4UK website only? Please confirm. Yes, Tier 1 Dependent and yes, through Visa4UK website.

2) Is she require to complete 5 Years of Stay in UK inorder to apply for ILR? Child will follow the same path as the other parent.
( Planning to go for ILR by July 2016)?

[UpendraBestha]

Hi CR001,
Thanks very much for the information provided.

Would you mind clarifying on the below query please.

1) Since I am going for ILR submission this July 2016, do you think it will be Ok to wait till July and apply visa for her? If I wait and apply after July, I think, I will save 943 Pounds by not applying Dependant visa and go for ILR dependant . However, I am not sure on this since I am planning to take all my family to ILR at the same time as of mine.

2) My wife's Leaves expire by Dec 2017(same as mine) however she hasn't spent more than 1 Year 7 Months in UK( She applied and first visited in Uk in April 2012). Do you think she should live for couple of months in UK and then all go for ILR Submissions? If that is the case, I think, I have to apply for Tier1 dependant visa for my new born kid, bring her to UK and then go for ILR if that really works.

Kindly help. I am much confused because of the situation I am having.

ILR is due in July, new baby born, wife's stay isn't completed 2 years... and elder kid (3 Years old) has just spent 1 year in UK.

Regards,
Upendra.

[vsv]

Hi,

I found some of the information which suits to my situation. However, I request to look into my query and respond please.

I, the Main Applicant on PBS Tier1 General, going for ILR Submission in June 2016 and my current Tier1 is valid till Oct 2017. We are recently blessed with baby girl, 1 month old and she in India now.

Need your suggestions on applying type of visa for her

1) Since I am going for ILR in Jun 2016, Is it worth waiting till Jun and apply for ILR for her also?

Kindly advise if this approach is good or Should I go for Tier1 PBS Dependant Application First and then ILR?


Thanks

[geriatrix]

Was she born in the UK? Will the child's other parent qualify for settlement at the same time as you?

[vsv]

Hi geriatrix,

Thank you very much for your reply.

-> She was born in India and she is still in India.

-> No; they won't be qualified since they haven't completed entire 2 Years of Stay in UK.

.My Wife first visited in Mar 2012 and since then she hasn't completed the required period ( 2 Years Stay_ to be eligible for ILR. She is just short of 2 months to complete 2 Years of living in UK.

.My Son( 3 Years Old) has just completed 1 year 3 Months stay in UK. He first visited in Jan 2014. I think, he is eligible for ILR once his mother eligible for ILR.

Kindly Advise.

Regards,
VSV.