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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fadesany
- Newly Registered
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- Joined: Tue Feb 05, 2013 8:54 pm
- Location: United Kingdom
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by fadesany » Tue Feb 05, 2013 8:59 pm
Hi all
First time poster here. Was just wondering if it was possible provided all the criteria was met to switch directly from a tier 1 general dependent to ILR.
I am currently tier 1 general dependent and the my dad who is the main applicant has decided he wont be applying for ILR but I would like to do so. Is this possible?? or will I have to apply for tier 1 general first.
Thanks in advance!
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uksettlement
- Senior Member
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- Joined: Sun Mar 04, 2012 7:07 pm
- Location: London
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by uksettlement » Tue Feb 05, 2013 9:28 pm
fadesany wrote:Hi all
First time poster here. Was just wondering if it was possible provided all the criteria was met to switch directly from a tier 1 general dependent to ILR.
I am currently tier 1 general dependent and the my dad who is the main applicant has decided he wont be applying for ILR but I would like to do so. Is this possible?? or will I have to apply for tier 1 general first.
Thanks in advance!
You might not be able to apply for ILR directly if your father doesn't apply for ILR. Also you can't apply for tier 1 as there isn't any tier 1 general anymore. The best thing to do would be for you and your father both to apply for ILR and then you can apply for British passport but he could still be on ILR if he wishes. I know some people don't want to give up the nationality but ILR is not giving up your nationality so worth having a discussion with him.
Thanks!
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.
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fadesany
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by fadesany » Tue Feb 05, 2013 9:43 pm
The main issue is that he wont qualify for IRL as he hasnt spent the required amount of time in the country. I on the other hand have but am currently still tied to his tier 1 general. This is why i thought applying for tier 1 general on my own would be possible as I am already on it and in a way it would just be an extension. Quite tricky this one I know.
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Greenie
- Respected Guru
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by Greenie » Tue Feb 05, 2013 9:47 pm
fadesany wrote:The main issue is that he wont qualify for IRL as he hasnt spent the required amount of time in the country. I on the other hand have but am currently still tied to his tier 1 general. This is why i thought applying for tier 1 general on my own would be possible as I am already on it and in a way it would just be an extension. Quite tricky this one I know.
you are not on tier 1 general already, you are a PBS dependent, therefore it wouldn't be an 'extension' but a switch which is not possible.
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fadesany
- Newly Registered
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- Location: United Kingdom
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by fadesany » Tue Feb 05, 2013 10:08 pm
Greenie wrote:fadesany wrote:The main issue is that he wont qualify for IRL as he hasnt spent the required amount of time in the country. I on the other hand have but am currently still tied to his tier 1 general. This is why i thought applying for tier 1 general on my own would be possible as I am already on it and in a way it would just be an extension. Quite tricky this one I know.
you are not on tier 1 general already, you are a PBS dependent, therefore it wouldn't be an 'extension' but a switch which is not possible.
Thanks Greenie. Does this mean it isnt possible for me to extend my stay either by way of FLR or ILR unless the main applicant extends his?
