Dependant of migrant with ILR under Tier 1 (General)

[murali.lalitha]

My son (born in India) and I applied for entry clearance (from India in 2013) as Dependants of Tier 1 (General) migrant, and came to live in the UK in May 2013. [Our current visas read Tier 1 (General) Dependant child and Tier 1 (General) Dependant partner.] This was applied at a time when my husband was on Tier 1 (General) visa expiring in Dec 2014. My husband was recently issued (July 2014) ILR under Tier 1 (General) category. Now I wish to apply for an extension, for myself and my son, to live with my husband in the UK.

While my husband and son applied for ILR together in 2014, my son's ILR was refused on the ground that his first entry clearance was obtained after July 9, 2012, and that both parents are not settled in the UK.

Under the present circumstances, while I understand that neither I nor my son is eligible for ILR, what should the two of us do to extend our stay in the UK. What is the type of visa we require and under what visa category should we apply?

Thank you.

[sonub4ualt]

plz check this:

https://www.gov.uk/government/uploads/s ... _07-14.pdf

[vinny]

See also ILR dependent or Tier 1 dependent for spouse.

[murali.lalitha]

Thanks for the replies.

In the ILR dep v/s PBS dep, how is one better than the other? Is my understanding correct that as an ILR dep, I need another 5 years to apply for settlement while as PBS dep I would need another 4 years for settlement (as I have been living with my husband for a year already in the UK?)

Is there any advantage of choosing ILR dep over PBS dep?

[O_Relly]

As far as I am aware, there appears to be no real advantage of one over the other, except FLR being cheaper, and also there is a financial requirement of 18600.

And yes, your ILR counter will get reset if you switch to FLR from pbs dependant.

[O_Relly]

See also,
http://www.immigrationboards.com/uk-tie ... 66511.html

[murali.lalitha]

My husband came to the UK in 2009 on Tier 1. My son and I joined him as PBS dependents in 2013. He acquired ILR in 2014, and when our visas expired in 2014 we reapplied through PBS dependent route. My son and I went to India on holiday the same year and due to his health, decided to stay back. We returned to the UK about 10 months later and rejoined my husband in Sept 2015. My husband acquired British citizenship in Nov 2015. Our dependent visas are now expiring in Nov 2017. While my son's passport reissue is underway, my Indian passport expires only in 2019, and therefore, unable to extend the same. Given these circumstances, I have the following questions:
1. Do we continue to apply as PBS dependents or will our visa application categories differ now that my husband is a citizen?
2. If we could apply as PBS dependents, and our application is successful, how many years visa will be granted to both of us, keeping in mind my passport expiry?
3. When will my son and I be eligible for ILR? Will our 10-month-stay in India reset the 5-yr time reqd for ILR? That is, will we be eligible for ILR in 2018 or 2020? And if we cannot apply as PBS dependents now, will our clock be reset from the time we apply?
4. Is there any route through which my son can acquire ILR first?
Thanks in advance.

[vinny]

Posts merged.

[vinny]

1. Continue.
2. 3 years.
3. 2018
4. No.