Tier 1 (Dependant) to LR (Dependant)

[BSatti]

Hi,
I applied for Tier 1 (dependent) extension in January 2016 after my husband's ILR application was held for further inquires in PEO appointment. (My visa expired in March 2016). Unfortunately in August 2016 my husband's ILR application was refused. My husband has then applied for SET (LR) on 10 years basis and he is also pursuing judicial review for his Tier 1- ILR application.
So far I didn't get any response for my application, however I am just worried that my application will also be rejected any time and I will lose right to work. I know I am just going by the luck for these past months.

Can I change my application to now SET(LR) dependent to retain 3C (right of work)? If I apply for SET (LR) dependent, will they refund the fee for my Tier 1 (dependent) application?
Can you please advise?

Thanks in advance.

[CR001]

You need to vary your application to FLR(M) - there is no 'Set LR dependent visa' - if your husband got his ILR based on long residence. You are unable to continue as a PBS dependent in this case and once you switch, your clock towards ILR will be reset to zero.

You will have to pay the immigration health surcharge again. Not sure about the visa fee.

When did or does your husbands Tier 1 G expire?

Why was ILR refused for Tier 1 G route? Tax discrepancies and amendments? Waste of time doing an expensive JR if he has now got ILR based on long residence.

[Casa]

Hi,
I applied for Tier 1 (dependent) extension in January 2016 after my husband's ILR application was held for further inquires in PEO appointment. (My visa expired in March 2016). Unfortunately in August 2016 my husband's ILR application was refused. My husband has then applied for SET (LR) on 10 years basis and he is also pursuing judicial review for his Tier 1- ILR application.
So far I didn't get any response for my application, however I am just worried that my application will also be rejected any time and I will lose right to work. I know I am just going by the luck for these past months.

Can I change my application to now SET(LR) dependent to retain 3C (right of work)? If I apply for SET (LR) dependent, will they refund the fee for my Tier 1 (dependent) application?
Can you please advise?

Thanks in advance.

What was the reason for your husband's ILR application refusal? Why does he feel that ILR(LR) will succeed when the SET(O) application failed?

If your husband is granted ILR under long residence you will have to apply for a FLR(M) visa which will re-set your immigration clock to zero, putting you on a new 5 years route to settlement unless you qualify for 10 years long residence before then.

Edit: Beaten by a speedier CR001

[CR001]

What was the reason for your husband's ILR application refusal? Why does he feel that ILR(LR) will succeed when the SET(O) application failed?

If your husband is granted ILR under long residence you will have to apply for a FLR(M) visa which will re-set your immigration clock to zero, putting you on a new 5 years route to settlement unless you qualify for 10 years long residence before then.

Edit: Beaten by a speedier CR001

Yes it is tax discrepancies and AR also rejected, see below links

http://www.immigrationboards.com/indefi ... l#p1408133

http://www.immigrationboards.com/indefi ... l#p1444016

[Casa]

In which case the same tax issues will apply to ILR under long residence.

[BSatti]

You need to vary your application to FLR(M) - there is no 'Set LR dependent visa' - if your husband got his ILR based on long residence. You are unable to continue as a PBS dependent in this case and once you switch, your clock towards ILR will be reset to zero.

You will have to pay the immigration health surcharge again. Not sure about the visa fee.

When did or does your husbands Tier 1 G expire?

Why was ILR refused for Tier 1 G route? Tax discrepancies and amendments? Waste of time doing an expensive JR if he has now got ILR based on long residence.

Thanks a lot for your prompt response. Much appreciated.
One question. If I vary my application to FLR (M), will i have right to work up til the decision is made ? and also my clock towards ILR won't be reset?
My husband hasn't got decision on his SET (LR) application yet. That's why we are also pursuing judicial review just in case. Yes his Tier 1 application got rejected because of tax discrepancies and his Tier 1 visa expired in February 2016.

[CR001]

Thanks a lot for your prompt response. Much appreciated.
One question. If I vary my application to FLR (M), will i have right to work up til the decision is made ? Possibly. I am surprised you did not get a refusal of your Tier 1 Dependent visa. Have you had any communication from HO regarding your application?

and also my clock towards ILR won't be reset? Yes it will. If your husband gets ILR based on long residence then you have to switch to FLR(M) and it resets your clock. You lose the time spent on PBS Dependent for ILR based on 5 years residence but it will count if you reach 10 years long residence though. You will need 5 years on FLR(M) before you can apply for ILR with 5 years residence, you cannot combine the two different visa categories to make up 5 years. The rules changed for PBS dependent in April 2014 whose spouse's applied for ILR based on long residence.

My husband hasn't got decision on his SET (LR) application yet. As previously advised, if his ILR fails, FLR(M) will also fail.

[BSatti]

Thanks a lot for your prompt response. Much appreciated.
One question. If I vary my application to FLR (M), will i have right to work up til the decision is made ? Possibly. I am surprised you did not get a refusal of your Tier 1 Dependent visa. Have you had any communication from HO regarding your application? No I haven't heard anything at all. No call, no letter. That's good as I can continue working.

and also my clock towards ILR won't be reset? Yes it will. If your husband gets ILR based on long residence then you have to switch to FLR(M) and it resets your clock. You lose the time spent on PBS Dependent for ILR based on 5 years residence but it will count if you reach 10 years long residence though. You will need 5 years on FLR(M) before you can apply for ILR with 5 years residence, you cannot combine the two different visa categories to make up 5 years. The rules changed for PBS dependent in April 2014 whose spouse's applied for ILR based on long residence. Can i apply for FLR (M) and then switch to Tier 2 (general) without leaving the country as my company is happy to sponsor me?

My husband hasn't got decision on his SET (LR) application yet. As previously advised, if his ILR fails, FLR(M) will also fail.

Thanks a lot for your advice.

[CR001]

No you cannot apply for Tier 2 G within the UK regardless of which dependent visa you are on, as I have advised previously when you asked this question in the Tier 2 General sub-forum. You can only apply for Tier 2 G from your home country, which will also be a brand new 5 year residence period.

If hubby is successful with ILR and you get FLR(M), why would you want to move to the very restrictive Tier 2 General?

[BSatti]

Hi,
I applied for Tier 1 (dependent) extension in January 2016 after my husband's ILR application was held for further inquires in PEO appointment. (My visa expired in March 2016). Unfortunately in August 2016 my husband's ILR application was refused. My husband has then applied for SET (LR) on 10 years basis and he is also pursuing judicial review for his Tier 1- ILR application.
So far I didn't get any response for my application, however I am just worried that my application will also be rejected any time and I will lose right to work. I know I am just going by the luck for these past months.

Can I change my application to now SET(LR) dependent to retain 3C (right of work)? If I apply for SET (LR) dependent, will they refund the fee for my Tier 1 (dependent) application?
Can you please advise?

Thanks in advance.

What was the reason for your husband's ILR application refusal? Why does he feel that ILR(LR) will succeed when the SET(O) application failed? When the permission for judicial review was refused, the admin court also suggested us to apply for a new application with any supportive evidence, so we applied for SET (LR) application with some more evidence hoping that it will be accepted.

If your husband is granted ILR under long residence you will have to apply for a FLR(M) visa which will re-set your immigration clock to zero, putting you on a new 5 years route to settlement unless you qualify for 10 years long residence before then.

Edit: Beaten by a speedier CR001

Thanks a lot.

[BSatti]

No you cannot apply for Tier 2 G within the UK regardless of which dependent visa you are on, as I have advised previously when you asked this question in the Tier 2 General sub-forum. You can only apply for Tier 2 G from your home country, which will also be a brand new 5 year residence period.

If hubby is successful with ILR and you get FLR(M), why would you want to move to the very restrictive Tier 2 General?

Thanks for this. Sorry, I am going round and round in circles just to figure out what is the best way out of very limited options we have.

It is very helpful to get advice from you both. It is now clear that the only option I have is to apply for FLR (M) to retain my rights of work.

[BSatti]

Hi,

Thanks for your responses.

One more question.

My husband's SET (LR) is still pending decision. I have switched my PBS dependant application to FLR (M).
I am going to complete my 5 years in March 2018. If even by that time both my husband and my applications are pending, can I vary my application again to ILR ? ( as I will complete 5 years as PBS dependant, though I applied the visa in February 2016 but no decision is made). Please note that my husband will get his ILR under LR not Tier 1 (general). Will my current visa status be counted as PBS dependant?

Thanks in advance.

[CR001]

No you cannot. You cannot apply for ILR as a PBS dep based on 5 years residence if the main PBS visa holder is not applying for ILR through the PBS route. Your only option is FLR(M) at this stage IF the long residence ILR is successful. If ILR fails, your FLR(M) will also fail.

[BSatti]

Thanks for your response.

[hiitsme]

Thanks for your response.

hi. did you get any outcome of the applications you made? we are in similar situation

[BSatti]

Hi,

I applied for FLR(M) in March 2017.

Our turmoil is still not over yet. My husband SET (LR) and my FLR(M) got refused in Feb 2018 with the right of appeal, which was heard in Sep 2018 and we won the appeal. HO then appealed in First tribunal, which was refused on 13th Dec 2018. However HO again appealed against it in Upper tribunal on 14th January .

Good Luck!

Thanks for your response.

hi. did you get any outcome of the applications you made? we are in similar situation