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When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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champ_viv
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When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by champ_viv » Mon Jul 22, 2019 5:00 pm

When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Lets say I got 5 years Tier 2 General Visa and entered UK on 1st August 2014.
my Leave is ending on 1st September 2019 and I apply ILR on 1st August 2019.

My dependents entered 1 year after me so they would only completed 4 years when I apply ILR and their visa also ends on the same date as mine.(1st Sep 2019)

I understand I can stay once I have applied for ILR on c Leave. How will my family members stay legally till i get a decision as they are not qualified to apply ILR yet ?

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CR001
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Re: When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by CR001 » Mon Jul 22, 2019 5:18 pm

They need to apply for an extension before their visas expire.
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champ_viv
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Re: When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by champ_viv » Wed Jul 24, 2019 5:14 pm

Thank you for reply.

if current leave of PBS dependents in ending in sep 2019 and main applicant's visa also ends in sep 2019 then will their extension be approved if the ILR application for main applicant is not approved at the time of applying extension of PBS dependents ?

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Re: When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by CR001 » Wed Jul 24, 2019 5:55 pm

champ_viv wrote:
Wed Jul 24, 2019 5:14 pm
Thank you for reply.

if current leave of PBS dependents in ending in sep 2019 and main applicant's visa also ends in sep 2019 then will their extension be approved if the ILR application for main applicant is not approved at the time of applying extension of PBS dependents ?
No it won't. They will only get an extension pending your ilr application decision.
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champ_viv
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Re: When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by champ_viv » Thu Jul 25, 2019 10:03 am

Sorry for being a pain.

Just wanted to be clear -
So does it mean that,

1- PBS Dependents can apply for extension while the ILR application of main application is in pending status.
2- They will only get a conditional extension which will say that its pending ilr application decision. (This will allow them to live in UK till ILR application is completed)
3- Once Main applicant gets ILR their extension application will get properly approved.

Is my understanding correct ?

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Re: When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by CR001 » Thu Jul 25, 2019 10:19 am

1- PBS Dependents can apply for extension while the ILR application of main application is in pending status.
Yes and they must apply before their visas expire.
2- They will only get a conditional extension which will say that its pending ilr application decision. (This will allow them to live in UK till ILR application is completed)
There is no such thing as a 'conditional extension'. You will need to request their applications are held till your ILR decision is made if you have not received it at the point they apply.
3- Once Main applicant gets ILR their extension application will get properly approved.
It will get processed, no guarantee it will be approved.
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champ_viv
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Re: When I apply ILR and go an c Leave, how will my dependents stay who haven't completed 5 years

Post by champ_viv » Thu Jul 25, 2019 10:26 am

Thank you for all the answers and your time, really appreciate it. :-)

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