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ILR via 10yr or Tier2

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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terriblescream
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Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

ILR via 10yr or Tier2

Post by terriblescream » Mon Oct 24, 2016 9:36 pm

Hello,

I want some advice on whether to apply ILR via 10yr Long Residence route or 5yr Tier 2.

I entered UK on 29-01-2007 on student visa which means I can apply ILR on Long residence on or after 01-01-2017 but I also have 3 dependants and understand that dependants are not allowed on long residence.

I switched to Tier 2 on 04-04-2013 which means if I go via Tier 2 route I will only be eligble in March 2018 and dependants will be allowed. My current leave is valid until 17-04-2018

So real question is it worth to wait an year considering the costs involved in switch PBS dependants to Partner/Children of settled person. Dependants entered UK 11-07-2011

What if I apply for ILR via Long residence, can I keep dependants on their existing visa until expiry or do I have to swtich them to partner/child of settled person? How can they then be eligble for ILR later? Does their clock reset for eg Parter then has to do another 5 years or complete their own 10 yrs Long Residence. Is there any concession for children, i.e they can apply ILR. Children were born outside UK.

Any advice will be helpful.

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CR001
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Re: ILR via 10yr or Tier2

Post by CR001 » Tue Oct 25, 2016 12:13 am

If you apply for ILR based on long residence, your dependents should switch to FLR(M) and meet all the requirements and pay the Immigration Health Surcharge of £500 per dependent PLUS the visa fee of £811 each postal or £1311 each for in person appointment. Their clock towards ILR will be reset to zero.

They face a risk of re-entering the UK if they travel and have remained on PBS dependents. They will also not be able to apply for ILR based on PBS Dependent visa.

How long have your dependents been in the UK?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Re: ILR via 10yr or Tier2

Post by terriblescream » Tue Oct 25, 2016 9:47 pm

Thank you for your reply CR001

As above the dependants entered 11-07-2011

so best would be to wait another year and apply via Tier2 5yr route?

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