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Eligible for applying ILR, query on Dependents eligibility

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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bkcsit2004
Newly Registered
Posts: 15
Joined: Fri Feb 01, 2013 10:46 pm
Location: Manchester

Eligible for applying ILR, query on Dependents eligibility

Post by bkcsit2004 » Fri Feb 01, 2013 11:05 pm

Kindly suggest me on my below situation, request Gurus/experts of this forum for their kind suggestions

I'm on Tier 1 General Visa in UK and as per the new rules am eligible for applying for my ILR.

However my dependents (Wife and Daughter 1 year old) have joined me in UK only around 6 months back, their leave expires along with me in April 2014

Are they eligible for applying ILR along with me ?

If not, If I upgrade to ILR can they continue in UK with their existing
Tier 1 Dependent Visas till their leave expires (that is till April 2014)

Or Once I get my ILR should their Visa category be changed to ILR dependents or anything else ?

Request your valuable suggestions here as am really confused

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Sat Feb 02, 2013 3:47 am

Please go to/read PBS Dependent link from my Useful Links below.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

bkcsit2004
Newly Registered
Posts: 15
Joined: Fri Feb 01, 2013 10:46 pm
Location: Manchester

Post by bkcsit2004 » Sun Feb 03, 2013 1:45 am

wpilr_nov12 wrote:Please go to/read PBS Dependent link from my Useful Links below.
Thanks for your reply Guru

As per the PBS Dependent link I can read this

"Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also
include those applicants who are applying for further leave to remain in the PBS dependant
category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to
remain. If you are applying as the dependant of a person who has indefinite leave to remain, or
British Citizenship, you should read this guidance as if they were still in their last PBS immigration
category. For example if the person with indefinite leave to remain last held PBS leave in Tier 1,
you should read the guidance as if you are applying as the dependant of a Tier 1 migrant."

If my understanding is correct if I apply for my ILR from Tier 1 and my dependents can still continue in UK on their existing Tier 1 General Dependent visas (as they still are not eligble for ILR as per 2 years rule) which they hold till Apr 2014 ? Please correct me if am wrong here

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