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Tier 1 dependent - Help needed, please

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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confusedlondon
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Posts: 2
Joined: Sat Jan 26, 2013 12:29 pm

Tier 1 dependent - Help needed, please

Post by confusedlondon » Sat Jan 26, 2013 12:49 pm

Hi all. Having read a little of the content on this board, I am hoping that your knowledge may be able to help me with my situation.

To explain a little background to the story, I first entered the UK in 2007 as a 15-year old dependent to my Mother's HSMP. We have spent the past 6 years in the country under this scheme, and applied for a Tier 1 two year extension in 2012.

However, due to a number of issue's with my Mother's application, we may be in danger of not receiving ILR. As I am now a very frustrated 20-year old 'dependent', who is about to graduate from University and start a Law conversion training course sponsored by a City Law firm (i.e. if I want to remain 'dependent', I will need to waive the maintenance grant/fees that the firm are proposing to pay), this represents a very big problem for me.

I would like to know, given my current status as a Tier 1 dependent who has been in the country (which I absolutely consider to be my home) for the past 6 years, are there any opportunities for me to change my status and become an independent applicant?

I would be very grateful for any help you can offer me with this, as it is something which is causing me extreme frustration and stress at the moment.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Mar 20, 2013 3:26 am

confusedlondon wrote:Hi folks. Posting on my girlfriend's account, as we are seeking some advice on the best way to proceed with her situation.

She has lived in the UK for the past 6 years as the dependent of a Tier 1 applicant, and she has a valid dependent visa until June 2014. We are looking to get married later this year (I am a UK citizen from birth), and are keen to understand more about the process of transferring visas. Specifically:
- Can she transfer straight from a T1 dependent to a spouse visa?
- What is the process for transferring? Will we need solicitors, or can we action this ourselves?
- What specific criteria must I/we fulfil?
- What is the process and timescale for ILR and citizenship from this point? (UKBA suggests 2.5yrs + 2.5yrs; whereas workpermit.com suggests only 3yrs in total)
- Does any of her previous 6 years count towards ILR/citizenship, or will she be starting fresh?
- Does the spouse visa give her the right to work in the UK? (we are 99% confident, but need to be sure)

Thank you in advance. Any help is gratefully appreciated.

D
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Mar 20, 2013 3:57 am

After marriage, the PBS dependant leave will no longer be valid for re-entry to the UK (321A(1)). Nor is an application for ILR as a PBS dependant possible. However, a PBS dependant may switch to FLR(M) under the new rules, if all the requirements are met.

I'm afraid that the qualifying period for ILR will be reset.

As a spouse or civil partner of a British citizen, Naturalisation may be possible immediately after grant of ILR.

Work on a spouse status is permitted.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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