Dependant Extension\Settlement (ILR) Query

[boardUser]

Hi

I have a little complex query dont know if anyone could help but let me try and any help would be really appreciated.

My spouse and kid got initial grant of Tier 1 Dependent visa in May 2012, they lived in the UK until Dec 2012 and afterwards they had to travel back home for some family reasons. Now I am in process of applying for there extension from outside UK as there visa also expired in Jan 2013.

I read on the UKBA site that if you apply for family visa after 9 July 2012 then your family needs to stay for 5 years in UK before getting ILR(http://www.ukba.homeoffice.gov.uk/visas ... ettlement/).

My query is that would this rule apply to me when I apply for there extension visa from outside the UK or not as they applied for the initial grant before 9th July 2012? (i.e. given that they applied for their initial grant of visa before 9th July 2012 and if I apply for there extension now from outside UK then would they have to stay in UK for 2 or 5 years before getting ILR)?

Thanks!

[params0073]

1. Nope they can't extend the visa from outside UK.They have to apply for EC.
2. Yep she would have to through the 5 year route.


Param

[volssg]

I agree with Param.

Your spouse and kid has to apply for new Entry Clearance visa after your extension approved from the country where they are now.

The new visa rules only applies to them not you. They have to wait until 5 years to apply for ILR

[boardUser]

yea I would agree as well. Thanks for your input guys!