PR depedent eligibility issue.

bilqees · Post by **bilqees** » Wed May 11, 2011 4:05 pm

Hi,
I am currently on Tier-1 (general) visa and plan to apply for PR soon when I am about to complete my 5yrs stay in UK.
My husband (on my dependent visa) has a traffic offence therefore he is not eligible for PR.
In this case, is there way how we can extend his visa?

Thanks,
Bilqees.

Post by **geriatrix** » Wed May 11, 2011 4:36 pm

After you are granted settlement (ILR), he may switch to FLR(M).
If his current leave is expected to expire before you decision on your settlement application is reached, then consider applying for FLR(M) at the same time as your settlement application.

bilqees · Post by **bilqees** » Wed May 11, 2011 8:30 pm

Thanks for the information.
But in the link below I found even the depedents of the ILR holders should not have unspent offences

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

Quoted below :

286. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 284 is met.

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or

__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

__(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or

__(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.

(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(vii) the applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

Post by **Greenie** » Wed May 11, 2011 8:42 pm

Dependents of ilr holders only need to be free of unspent convictions in order to qualify themselves for ilr. If they apply for further leave to remain as a spouse of a settled person there is on such requirement. You have posted the rules on settlement.

Post by **geriatrix** » Wed May 11, 2011 8:47 pm

Read 284 - 287.

CJPM · Post by **CJPM** » Wed Jan 08, 2014 3:48 pm

Hello Everyone ,
we are Non Eu citizen
I have question related Tier 2 dependent eligibility for ILR

My wife - Tier 2 Dep visa and (12/11/2012 to 2/10/2015)
my self on Tier 2- general (3/9/2012 to 2/10/2015)

if we plan a child and my wife would go outside UK for her pregnancy , let say 10 months during year 2014.
does this will be consider as a break for dependent and or will it be count in 5 year duration during ILR application

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PR depedent eligibility issue.

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