ILR through Tier 1

[siva81]

Hi All,

I have a question in applying ILR.

Here is my HSMP/Tier 1 approval dates

HSMP has been approved for 2 years : 03-March-2008 to 03-March-2008
Tier 1 Extension approved for 3 years : 03-March-2010 to 03-March-2013
Tier 1 Extension approved for 2 years : 03-March-2013 to 03-March-2015

I was in short of 20 days to apply ILR as I have come to UK on 21 June 2008 that is after 90 days. So I have applied for Tier 1 Extension for second time along with my wife. So she got Tier 1 dependent visa till 03-March-2015.

I will be eligible for ILR on 21 May 2013 . My wife entered UK on 01-Oct-2011 , she wont be eligible for ILR as she wont be finished her 2 years of stay in UK , but she still have valid Tier 1 dependent visa till 03-March-2015.

I have read other threads in forum that dependents should apply FLR with in 28 days of main ILR approval.

1) How long she can stay on Tier 1 dependent visa ?

2) I have read moderator response, once she travels out of country her visa ( current Tier 1 dependent ) will be void . am I understood correctly ?

3) Can my wife apply directly naturalization along with me in 2014 with out applying for ILR or FLR, after my 1 year completion of ILR ?

I am confused , whether to apply ILR myself in May 2013 or wait till she completes 2 years .

Please advice me in this.

Thanks in advance for your response.

[TheGreenTea]

Dependants of Points Based System (PBS) Migrants

Q. I am the dependant of a PBS Migrant who has now become settled in the UK. Do I need to switch into the ‘Partner of a Settled Person’ category?

A. This will depend on how the PBS Migrant applied for settlement. If they were granted on the basis of being a PBS Migrant (under Tier 1 or Tier 2) then you will not need to switch and you can apply for an extension as a PBS dependant until you meet the requirements for settlement yourself.

If the PBS Migrant applied for settlement under the Long Residency provision, then you can no longer be considered as a PBS Dependant and you must apply for Leave to Remain as the ‘Partner of a Settled Person’ on application form FLR(M).

https://www.whatdotheyknow.com/request/ ... ponse.html

I might be wrong, but i think this means your wife can stay on Tier 1 dependent until she is qualified for ILR settlement?

[siva81]

Thanks TheGreenTea, seniors please respond in this.