Can dependant apply for ILR later ??

shanniro · Post by **shanniro** » Sun Apr 22, 2012 11:38 am

Hi,

I am currently on tier 4 student visa and will be applying for my ILR on 10 year basis next month. My dependants are on student dependant visa till march 2013 (they complete 10 years in feb 2013).

My problem is they need to travel outside uk next month. when they return my application will probably be under consideration. Will this cause any immigration issues??

Many thanks in advance.

Post by **vinny** » Sun Apr 22, 2012 11:52 am

Should be okay. If their leave hasn't expired, then they are still valid while your application is under consideration (assuming that your circumstances hasn't changed, etc. Refusal is subject to 321A.

shanniro · Post by **shanniro** » Sun Apr 22, 2012 12:19 pm

vinny wrote:Should be okay. If their leave hasn't expired, then they are still valid while your application is under consideration (assuming that your circumstances hasn't changed, etc. Refusal is subject to 321A.

Hi Vinny,

Thanks for your prompt reply. Assuming the worst case scenario of my application being refused during the period will they still be allowed back in the UK?

Post by **vinny** » Sun Apr 22, 2012 12:47 pm

It depends on how it's refused. If they don't curtail your leave (i.e. you still have leave) and your circumstances hasn't changed, etc., then your dependants should be okay.

shanniro · Post by **shanniro** » Sun Apr 22, 2012 1:28 pm

vinny wrote:It depends on how it's refused. If they don't curtail your leave (i.e. you still have leave) and your circumstances hasn't changed, etc., then your dependants should be okay.

Thanks again Vinny,

Does that mean even if my application is refused UKBA will return my resident permit which enables me to continue on my current leave until march next year?

Post by **vinny** » Sun Apr 22, 2012 1:30 pm

Probably, since if they refuse and curtail your leave, you will have the right of appeal. If you appeal in time, then your leave will be treated as continuing while the appeal is in process. Therefore, your dependants will still be able to return and join you during this time.

shanniro · Post by **shanniro** » Sun Apr 22, 2012 1:38 pm

vinny wrote:Probably, since if they refuse and curtail your leave, you will have the right of appeal. If you appeal in time, then your leave will be treated as continuing while the appeal is in process. Therefore, your dependants will still be able to return and join you during this time.

That was really helpful advice Vinny. Many thanks again

Immigrationboards.com: Immigration, work visa and work permit discussion board

Can dependant apply for ILR later ??

Can dependant apply for ILR later ??