Tier 1 (General) to ILR + Dependent eligibility

[pavanbarnala]

Hi friends,
I'm on Tier 1 (General) visa and my wife is on Tier 1 (General) Dependent visa. Our visas are valid till April 2017. I would be eligible for ILR in November 2016 but my wife will not eligible since she came to UK in August 2012 and will not have covered 5 years by then.
Am I right in my understanding that I can apply for my ILR in November 2016 and apply for Tier 1 (Dependent) Extension for my wife in April 2017 and then apply for ILR for my wife in August 2017?

Many thanks in advance for your responses.

Look forward to your advice.

Regards
Pavan

[CR001]

Yes to all your questions.

On what date did she APPLY for her visa originally?

[pavanbarnala]

Many thanks for your reply. My wife applied for her first Tier 1 Dependent visa in August 2012 and came to UK in September 2012.

[pavanbarnala]

Hi CR001, I have a question on the points assessment. There is no points calculator any more on the immigration website, so I wanted to double check the points criteria as the wording in the application form is not very good.
For points claimed for total earnings section A7, there are 2 categories -
1. Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, Self-employed lawyer, or as a Tier 1 (General) migrant under the rules in place before 6 April 2010.
2. Applications for indefinite leave to remain where previous leave as a Tier 1 (General) migrant was granted under the rules in place on or after 6 April 2010.

I got my first Tier 1 (General) visa in March 2009 and first came to UK in November 2011, got my first extension in March 2012, second extension in March 2014 and about to apply for ILR in November 2016.

With regards to the above 2 points, point 1 is applicable to me as my first visa was before April 2010 and point 2 is applicable to me as my previous visa (assuming the latest visa) is after April 2010.

Both cannot be applicable as the points criteria is different. Which one is really applicable to me?

Look forward to your advice.

Thanks
Pavan

[Abc499]

With regards to the above 2 points, point 1 is applicable to me as my first visa was before April 2010 and point 2 is applicable to me as my previous visa (assuming the latest visa) is after April 2010.

Both cannot be applicable as the points criteria is different. Which one is really applicable to me?

Thanks
Pavan

as you got the first T1G on March 2009. you are still on the "Tier 1 (General) migrant under the rules in
place before 6 April 2010". so first table is/was applicable for you always. Even when you extend still the same table was applicable for you never the 2nd one "Tier 1 (General) migrant was granted under the rules in place on or after 6 April 2010".

[pavanbarnala]

Thanks very much Abc499 for your response. Greatly appreciated. That's what I thought too, but in the second point. it says "previous leave as a Tier 1 (General) migrant was granted under the rules in place on or after 6 April 2010". I understand previous leave means the latest T1G visa which is the second extension that I got in March 2014. Isn't that correct?

[Abc499]

they says more clearly on this document. you can have a look on it, this will help through the full process more clearly ( from page 7) .

https://www.gov.uk/government/uploads/s ... 1_2015.pdf

here says: Applicants will be required to claim either 75 or 80 points from either Table 2 or Table 3, depending on the date of application for their initial grant of leave

So no more confusion, and only for you they still carrying this table on application form coz if its the last leave and not initial then no use of this table now as T1G closed in 2011 so all must extended already after 2011.

[pavanbarnala]

Hi Abc499, that's very helpful. Thanks very much for your help.