10 yrs Residence -ILR- Dependant Enquiry

[chorij]

Hi All,

I have an enquiry about my dependant. This is my current situation: I am about to reach my 10 yrs lawful residence in UK, my spouse(Civil Partner) has been my dependant since 2006 in different type of visas, PSW, Tier 2, etc.

At the moment I have leave to remain under Tier 2 General, which expires in March 2014(same leave to remain for my dependant). I will reach my 10 yrs residence in December 2013 and I am preparing for that process.

I just discovered that this type of application does not allow dependants and it is a solely application. I've been told that I can include again my dependant only when my Indefinite Leave to Remain is approved.

My partner is about to reach his 10 yrs of residence in May 2014. This is my query: When I apply on my own in December this year, it is all fine because I am applying before my leave to remain expires in the middle of March 2014, but what happens to my dependant should the approval of my ILR is decided after March 2014?(I've seen that it takes a few months), can he still work after his leave is expired?

Let's say for argument sake, my Indefinite leave to remain is only approved in July 2014, what happens to my dependant from March 2014(that is when our current leave expires) to July 2014? It will be fine for me since I will be already 2.5 months since I've submitted my application, etc but for my spouse there is nothing to show that there is an application under his name.

In addition, will that time from March 2014(when his leave expires) until whatever date my ILR application is succesful be considered as broken time for his 10 yrs residence which it is due in May 2014? Can he still apply for his ILR in May 2014 without a leave to remain?

I will be really grateful is someone can please advise on this matter.

Many Thanks,
Chori

[vinny]

Dependant of ILR (long residence) applicant on PBS leave.

Vary an undecided in-time valid FLR(M) application to ILR if/when eligible under Long residence.

[chorij]

Hi Vinny,

Many Thanks for your reply, I really appreciate it.

I've been reading and still quite confused! It says that you can apply:
"1. If dependant's leave is due to expire at the same time as the main migrant or within a short time after main migrant applies for settlement - Apply for FLR(M) at the same time as the main migrant applies for settlement.", which is the case of my spouse.

However, in the application itself it says that it is for the partner of a person settled in the UK, it does not give you the option for someone that it is NOT settled as yet but applying or in the process to obtain settlement. There is even the point 3.16 that ask 'on what basis did you sponsor obtained settlement in UK and the dates, etc.

We have been thinking that shouldn't it be better to apply for my extension under Tier 2 General(including my spouse in the same application-which is allowed) due in Feb 2014(28 days before our leave expires), so do a Premium Application same day and when that is granted we could both wait until May-June 2014(time when my spouse qualify for his 10 yrs residence) or even later and at that time apply (both) for Indefinite Leave to Remain (separate applications since they are solely)? Does anyone believe that this is viable?

Someone was telling me that HO may get suspicious or difficult on why we are extending our leave under Tier 2 General, when I could already do it via the route of the 10 yrs residence ILR? Any info about this? I never thought that it was compulsory to apply for ILR, you should be able to freely choose to get ILR or another routes in order to extend your LTR.

Any feedback on this matter will be highly appreciate it.

Many Thanks
Chori

[vinny]

When applying for FLR(M), you may request that the application be considered after the decision of the Long residence applicant.

However, extending under Tier 2 (General)/dependant prior to both separately applying for ILR under Long residence may also work. It's probably a good idea. It's your choice on what to apply for.

[chorij]

Vinny, many thanks again for your reply.

Could you please tell me if applying for Tier 2 extension has any bearings on my later application for ILR or viceversa? I mean quoting my previous paragrapah:
"Someone was telling me that HO may get suspicious or difficult on why we are extending our leave under Tier 2 General, when I could already do it via the route of the 10 yrs residence ILR? Any info about this? I never thought that it was compulsory to apply for ILR, you should be able to freely choose to get ILR or another routes in order to extend your LTR"

Basically the fact that I will be applying for an extension of Tier 2 General instead of ILR, do you think that it has any relevancy for approving my extension? Or to raise further queries, etc?

Any further information on this will be much appreciated.

Thanks,
Chori

[vinny]

It's up to you on what you are applying for. There may be multiple applicable Immigration rules.

If you are eligible and apply for an extension, then why would they consider if you are eligible for ILR?

It may be simplest for you and dependants just to remain on Tier 2 (General) and apply for ILR in that category.

[chorij]

Many thanks again for the reply.

Perhaps I am going to sound quite thick but you are basically saying that it does not matter for which of the options I choose (Extension Tier 2 General or ILR) as long as I am eligible.

Is that right Vinni?

The original reason I was asking is that I had a consultation with a solicitor who told me that Home Office would query or get suspicious as why did I apply for extension of Tier 2 General when I could have applied for ILR, so he said to definitely apply for ILR and forget about the other.

As I explained before, I rather extend my leave using Tier 2 General and after that apply for ILR, but of course I want to make sure I am taking the right decision based in comments/opinions.

If someone has experienced similar situations, I would appreciate to hear your comments.

Many Thanks
Chorij

[vinny]

If you are applying under a certain category, then why would they waste their time to consider if you are eligible under a different category?