Switching from student to Tier 1 dependant

[drkooper]

Hiii Everyone

Got my tier 1 extension after a long wait. It is valid until July 2014. My question is I am going to marry my gf . She is from Thailand and on a student visa here. BTW I am from India. I will e marrying her in Uk. Does she needs to go back to her country Thailand to switch to tier dependant or can she switch her visa in UK itself. Could someone please guide with regards to the procedure

Much appreciation on my part

Regards
A

[Lucapooka]

http://www.bia.homeoffice.gov.uk/visas- ... -students/

[drkooper]

http://www.bia.homeoffice.gov.uk/visas- ... -students/

Thanks for the reply. Have been on the link given before I came here but am still not clear whether my wife to be can switch from student visa to dependant visa without going back to her home country.

Also found this link
http://www.ukba.homeoffice.gov.uk/sitec ... dependants

[Lucapooka]

The link I have provided is for a visa application made outside the UK; if your partner were eligible to apply from inside the UK I would have provided an alternative link (but I didn't as she can't do this). I think that should be pretty clear. Your link is not relevant; it's for extensions of existing leave from people in the PBS dependant category.

[drkooper]

The link I have provided is for a visa application made outside the UK; if your partner were eligible to apply from inside the UK I would have provided an alternative link (but I didn't as she can't do this). I think that should be pretty clear. Your link is not relevant; it's for extensions of existing leave from people in the PBS dependant category.

Thank you for the reply. So she needs to go back to her country.

Regards
A

[drkooper]

Hello Everyone,
This forum has been a big help in my tier1 application and now need some more help for ILr. Thanks to everyone who helped me answer my question last time around.
A bit of history
Student visa: sep 2006-july2008
Tier 1 (general): July 2008-July 2011.
My extension application took 13 months to decide so my Tier1 was extended until July 2014. My visa expired in July 2008
My first question is can I include the time period while my application was been decided to include towards my 5 year qualifying period?

My second question is about my wife. We have been living together since sep 2008 and have cohabitation documents. We got married in sep 2012. Could not marry earlier as did not had the visa. She is a dependant now and her visa is stamped same as mine until July 2014.
So if I qualify for ILR can she go for ILR as well or what would be her visa status and does she need to do anything about it?

Thanks in advance and please help

[wpilr_nov12]

Hello Everyone,
This forum has been a big help in my tier1 application and now need some more help for ILr. Thanks to everyone who helped me answer my question last time around.
A bit of history
Student visa: sep 2006-july2008
Tier 1 (general): July 2008-July 2011.
My extension application took 13 months to decide so my Tier1 was extended until July 2014. My visa expired in July 2011.

Please give these two dates:
T1 visa expiry in July 2011.
Your date of extension application in July 2011.
Provided there is no gap, you have nothing to worry about, and the 14 month period will be counted towards 5 year.
My first question is can I include the time period while my application was been decided to include towards my 5 year qualifying period?

My second question is about my wife. We have been living together since sep 2011 and have cohabitation documents. We got married in sep 2012. Could not marry earlier as did not had the visa. She is a dependant now and her visa is stamped same as mine until July 2014.
So if I qualify for ILR can she go for ILR as well or what would be her visa status and does she need to do anything about it?

Your wife's residency requirement count could begin from Sep 11, depending on what visa she was on at that time.
If she does not qualify at this time, please read PBS Dependent document from my 'Useful Links' below.


Thanks in advance and please help

[drkooper]

Hello Everyone,
This forum has been a big help in my tier1 application and now need some more help for ILr. Thanks to everyone who helped me answer my question last time around.
A bit of history
Student visa: sep 2006-july2008
Tier 1 (general): July 2008-July 2011.
My extension application took 13 months to decide so my Tier1 was extended until July 2014. My visa expired in July 2011.

Please give these two dates:
T1 visa expiry in July 2011.
Your date of extension application in July 2011.
Provided there is no gap, you have nothing to worry about, and the 14 month period will be counted towards 5 year.
My first question is can I include the time period while my application was been decided to include towards my 5 year qualifying period?

My second question is about my wife. We have been living together since sep 2011 and have cohabitation documents. We got married in sep 2012. Could not marry earlier as did not had the visa. She is a dependant now and her visa is stamped same as mine until July 2014.
So if I qualify for ILR can she go for ILR as well or what would be her visa status and does she need to do anything about it?

Your wife's residency requirement count could begin from Sep 11, depending on what visa she was on at that time.
If she does not qualify at this time, please read PBS Dependent document from my 'Useful Links' below.


Thanks in advance and please help

There was no gap in my application. My application was in person on May 27th 2011 and my visa expired on 6th June 2011 ( sorry about the wrong dates earlier) and I got my visa decision in about 13 months and they refused it initially. I went in for appeal and then got approved. All this time periopd my stay was legal and in accordance with the law. Thks

[wpilr_nov12]

You are fine. Give previously asked details for your wife.

[drkooper]

I had gone through the document but am not clear on the qualifying period. Will it start from the date we got married i.e Sep 2011 or from the time we started living together sep 2008. I am from India and my wife is from Thailand and she had to go back to her country to get her visa stamped. She is here in UK as student since 2006
So if I qualify for ILR does she qualify as well or does she needs to go and apply for some other visa?

[drkooper]

Thank you to all the forum members for all the help you have given me till now.

I need information as to when I apply for ILR, will my wife needs to apply for further leave to remain?

I got my Tier 1 on 13th June 2008 and am planning to apply for ILR on 24th May 2013 when I would have completed more than 4yrs 11 months as required by UKBA. My wfe and I got married on 21st August 2012 and she became my dependant and had her visa stamped until 23rd July 2014 ( same as mine).
Before we got married me and my now wife ( who was my gf at that time) used to live together since Sep 2008 in UK and have cohabitation documents. Can she use this cohabitation period to include in the 5 year route or will the time only be counted since we got married i.e from 21st August 2012.

Now when I go for ILR, will she needs to make any changes to her visa at that time or can she stay until her visa is stamped i.e 23rd July 2014 without any changes?

Thanks
A

P.S I had gone through the link given below but was not clear and hence the question.

http://www.immigrationboards.com/viewtopic.php?t=114832

[wpilr_nov12]

To answer the second part of your question - no your wife will not need to do anything now or when you get ILR, if she is not applying for ILR as your dependent. She can continue to remain PBS Dependent, and even apply for extension as that, until she has completed her required residency period.

If she is able to apply as your dependent, the above would not apply. But whether she is able to apply as your dependent, there have been a few discussions here, but not enough experience.

Also, please look at the PBS Dependent document by going to my Useful Links below.

[drkooper]

To answer the second part of your question - no your wife will not need to do anything now or when you get ILR, if she is not applying for ILR as your dependent. She can continue to remain PBS Dependent, and even apply for extension as that, until she has completed her required residency period.

If she is able to apply as your dependent, the above would not apply. But whether she is able to apply as your dependent, there have been a few discussions here, but not enough experience.

Also, please look at the PBS Dependent document by going to my Useful Links below.

Thank you Wpilr for ur quick response. I have been through that document but am still nt clear whether my cohabitation period can be included in the five year route. If anyone else has some insights into these matters please help in.
All advice is appreciated.

Regards
A

[wpilr_nov12]

My suggestion is to book a Solihull appointment (with one dependent) and present your case to the CW there, as they are known to review the case first before accepting payment. On the day itself, go there with two sets of forms, one as a sole applicant, and other with dependent. Same set of evidence will work, only cohab added if joint application.

Good luck.

[drkooper]

My suggestion is to book a Solihull appointment (with one dependent) and present your case to the CW there, as they are known to review the case first before accepting payment. On the day itself, go there with two sets of forms, one as a sole applicant, and other with dependent. Same set of evidence will work, only cohab added if joint application.

Good luck.

Does anyone else has any more thoughts on my case.
Would like to add one more note that I had applied for Tier 1 extension on 27th May 2011 and it took UKBA more than 10 months to refuse my application. After that I appealed and went for hearing on 30th May 2012. Got letter from court on 11th June that I have suceeded but UKBA gave me my passport only on 25th July so there was a considerable delay by UKBA due to which I could not get married and hence have got the 5 year rule for my spouse.
Do I have any case for me if I apply with my wife for ILR, Will she have any chance of success?

Please do read my post and comment when you have time.

Thanks

[drkooper]

Does anyone else has any opinion on my case?
Thks

[drkooper]

I met my wife in UK and married her in Aug 2012. I was on Tier 1 ( General) at the time.
She went back to her home country and applied as PBS dependant and got successful. Her visa was stamped until July 2014 as that was the visa expiry date I was given.
In the meanwhile I qualified for ILR and and got it in Sep 2013. Now her visa will be running out soon so does she needs to apply as a PBS dependant or ILR dependant.


Thank you to everyone
A

[manci]

She'll need to apply on form FLR(M) to extend her leave:
https://www.gov.uk/government/uploads/s ... _12-13.pdf
guidance notes:
https://www.gov.uk/government/uploads/s ... _12-13.pdf

see also item 3:
http://www.immigrationboards.com/immigr ... 43881.html
3. If dependant has enough current leave that a decision on settlement application is expected to be received before expiry - Apply for FLR(M) before you travel outside CTA or before the leave expires (whichever occurs first).

[Amber]

Manci, if the OP's spouse switches to FLR(M) it could reset her qualifying period.

Drkooper, if you gained ILR as a PBS applicant your spouse should extend as a PBS dep.

[ilrindian]

very similar case...but here instead of extending...thinking of ILR for dependants also. In his case, can he use FLR M from outside UK or PBS dependent from outside UK?

I have few questions, can some one clarify please,

I got ILR only for me in Sep 2013. My family (wife and 2 kids) are in India since Nov 2012. They were here in UK for more than 2 years during my 5 years stay. They now have T2 ICT dependent visa till Aug 2014. Because I am now moved from T2 ICT to ILR, will they loose their ICT dependent status? I am planning to bring them to UK now. What would be the best option?

1/ Importantly, Can they travel to UK now using their ICT dependent visa? I can wait till Aug 2014 and then apply for ILR using SET O for them?

2/ Must I apply ILR now itself before travel from India? If I apply NOW ILR for them from India, which form should I use?

3/ Are they eligible for ILR direcly NOW from India (or coming to UK and while applying before Aug 14 ICT dependent expiry) as they have lived in UK already for 2 years?

Regards
Bala

[sabriz]

hi amber
recently i got my ilr on long residence basis, before i was on tier 1 general and it still valid till 2016, my question is my wife came on 24 sep 2011 on tier 1 general dependant. can she apply for flr(m) or set(lr) or she comes in new law can you please give me your kind advise

[Amber]

FLR(M) then SET(M).

[drkooper]

Manci, if the OP's spouse switches to FLR(M) it could reset her qualifying period.

Drkooper, if you gained ILR as a PBS applicant your spouse should extend as a PBS dep.

Yes, I did got ILR as PBS ( Tier 1 - General) applicant. However, I am on ILR so how can my wife apply as a PBS dependant.

Also what would be the duration for which my wife will get her visa stamped if she goes via the ILR dependant route and PBS dependant route?

Awiating your reply

Thank you for your input.
A

[Amber]

30 months leave (ILR dep) 3 years leave PBS dep and she may still apply as a PBS dep as the rules permit it, even though you have ILR.

[drkooper]

30 months leave (ILR dep) 3 years leave PBS dep and she may still apply as a PBS dep as the rules permit it, even though you have ILR.

Is 30 months for both application as ILR and PBS or is 30 months leave only for PBS.

The reason I am asking is my wife came as a student in June 2007 so if she gets a longer duration of visa she might qualify for ILR through the the 10 year long residence rule in June 2017.

Her current leave is expiring on July 2014.
Thank you Amber.