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ILR and Extension for Tier 1

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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rahulsami85
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Posts: 6
Joined: Tue May 10, 2016 5:18 pm

ILR and Extension for Tier 1

Post by rahulsami85 » Fri May 13, 2016 12:32 pm

My wife and daughter both are on Tier 1 general dependent visas. Their visa is expiring soon. My Tier 1 is still valid for another couple of years though I already have completed 5 years and already qualify for ILR. I will apply for ILR in a few months. What I need to know is that If I don’t apply for an extension of my daughter's visa (2 years old - born in UK) and if later she needs to travel for any emergency etc. before I apply for my ILR, will she have any issues in her visa extension?
I believe that children born in UK don’t need a visa unless they need to go out and come back again but she is already on a dependent visa. Does the no-more-than-28-days over stayer rule apply to her? CR001 was kind enough to suggest that she should be to for her extension but if that’s the case how will she answer the over-stayer question on the form?

The application form for tier 1 dependent for question K1 asks about the current immigration status. If my daughter applies in the future for extension, she will probably need to tick the option for “I have leave to enter/remain for a limited period but leave has now expired” which then asks you to provide evidence of exceptional circumstances which prevented from submitting application within 28 days of overstaying. What will I need to specify for my daughter as if she applies for extension in the future, her visa would have been expired for over 28 days by then? The questions I am referring to are K1-K2-K3 on Page 23 of the application form.
https://www.gov.uk/government/uploads/s ... _03-16.pdf

I am planning to apply for her naturalisation after my ILR so I don’t really want to spend two and half grand on her extension unless I have to. She currently is not planning to go abroad but I want to be sure just in case of an emergency therefore I need to know if its ok for her to extend her tier1 dependent visa later if required.

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