Post
by chorij » Sun Sep 01, 2013 4:57 pm
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