Tier-1 dependent Wife & Kid Visa Extension - Myself ILR

[Hope2017]

Being a newbie, I want help and advise on, What is the best route for Visa Extension application for my Wife & 12 year Kid

Myself- ILR granted (Jan 2017) via Tier-1 (general) route (first UK entry - July 2011)

My wife and kid - hold Tier-1(G) Dependent visa, granted in Jan 2013 (entered UK 1st April 2013), renewed in July 2014, about to expire on 19 July 2017.

I need to apply a visa-extension for my wife and kid, as they have not completed 5 year residence requirement (need to stay till April 2018). I have two questions please

(1) Can I apply for ILR/Settlement for My 12 yr Kid in July 2017 - as he does not need to complete 5 Year residence requirement? If yes, can my kid apply from within UK or Outside UK as well please?

(2) Can my wife apply under Settled person dependant Category or Should she apply under Tier-1 dependent category?

I really appreciate your help and support please.

[CR001]

(1) Can I apply for ILR/Settlement for My 12 yr Kid in July 2017 - as he does not need to complete 5 Year residence requirement? If yes, can my kid apply from within UK or Outside UK as well please?

No, child will qualify ILR when mother qualifies for ILR. You cannot apply for ILR or an extension outside the UK. It must be applied WITHIN the UK.

(2) Can my wife apply under Settled person dependant Category or Should she apply under Tier-1 dependent category

?
Tier 1 G dependent for wife and child.

DO NOT apply spouse settlement visa (ILR dep) as this will reset her clock to zero and a NEW 5 year period she will have to wait for ILR.

[Hope2017]

Dear CR001, Many thanks for quick reply.

One more query I have is -
As I plan to apply for Naturalization-AN application in Feb 2018 (based on 5yr Tier-1G +1yr ILR),
Can My Kid apply for Naturalization-MN1 alongwith me in Feb2018 without going through ILR (as 5 yr not required for Kids)??,
assuming my wife has Tier-1 dependent extension till July2019/2020, as she will need time till April 2018, to complete 5 years, and clear Life in UK test and go through ILR.

I read some people applied for Kids MN1 with Main applicant AN.

My kind regards & thanks for your advise and guidance.

[vinny]

For a child born outside the UK, they expect both mother and child to have at least ILR as well.

[Hope2017]

Many Thanks Vinny, really appreciate your advice please.

Just on question of "Tier-1 Dependent extension" from Inside UK vs Outside UK, I was trying to prepare application for my Wife and Kid yesterday and I came across this Option to apply from "Inside UK vs Outside UK".

https://www.gov.uk/tier-1-general/family-members
Above Link says "Your family members (‘dependants’) must apply to join or remain with you in the UK" AND
"Dependants applying outside the UK - Your family members must apply online via Visa4UK".

My wife and Kid's last "Tier-1 Dependent extension" was granted in July 2014 from India,
so I hope HO will count April2013-July2014 period in continuous 5yr stay or my wife.

As my wife wants to travel to India in coming two months, and "Tier-1 Dependent extension" may not be approved within Uk for next 3-6 months, she is keen to apply from India. So do you think She can apply from India within 28 days of visa-expiry and get "Tier-1 Dependent extension", which would count towards 5yr stay.

Many thanks and kind regards for your advice please.

[vinny]

Unfortunately, as you hold ILR, there are no provisions for spouse to apply for entry clearance as PBS dependant. If they apply for settlement entry clearances, then their qualifying 5-year period for ILR may be reset.

[Hope2017]

Thank you Vinny, your advice is really helpful, especially the discussion in the hyperlinks to other posts is quite enlightening.

In this regard, since my wife and Kid's last "Tier-1 Dependent extension" was granted in July 2014 from India (and not from within UK), do you think HO will count April2013-July2014 period in continuous 5yr stay for ILR for my wife.

my sincere thanks for your guidance please.

[Hope2017]

Just revising my previous post above

Thank you Vinny, your advice is really helpful, especially the discussion in the hyperlinks to other posts is quite enlightening.

In light of the discussions in hyperlinks and Explanatory memorandum, where you had advised on another post

Post by vinny » Mon Mar 25, 2013 2:52 am

She may apply for a PBS extension and subsequently apply for (or vary it to) SET(O) (319C and 319E and Explanatory Memorandum > 7.17-7.21).

Explanatory memorandum 7.19. - These changes also allow a PBS Migrant’s partner to amalgamate leave granted to them as the dependant of a Relevant Points Based System Migrant, together with any leave granted to them as the spouse, civil partner, unmarried or same-sex partner of that same person when they held leave under another category of these Rules, and count that towards the probationary period for settlement.

Firstly - can my wife & Kid apply from India as Dependent of settled person (myself with ILR) and this new Visa-leave (from July 2017 to July 2020) can be amalgamated with their previous Tier-1G dependent stay in UK from April2013 to July 2017, to count towards ILR probationary period for 5 years.

Secondly since my wife and Kid's last "Tier-1 Dependent extension" was granted in July 2014 from India (and not from within UK), do you think HO will count April2013-July2014 period in continuous 5yr stay for ILR for my wife.

my sincere thanks for your guidance please.

[vinny]

Firstly - can my wife & Kid apply from India as Dependent of settled person (myself with ILR) and this new Visa-leave (from July 2017 to July 2020) can be amalgamated with their previous Tier-1G dependent stay in UK from April2013 to July 2017, to count towards ILR probationary period for 5 years.

No.

Secondly since my wife and Kid's last "Tier-1 Dependent extension" was granted in July 2014 from India (and not from within UK), do you think HO will count April2013-July2014 period in continuous 5yr stay for ILR for my wife.

If there was a gap in her leave when she was outside the UK, then they may say that it's not continuous. It's unclear.

[Hope2017]

Thank you Vinny,
as I understand from the Hyperlinks is that - Explanatory Memorandum has been overruled by Changes in 2014 and amalgamation of Leave under Tier-1 dependent + ILR dependent is not possible.

On the second question - the situation is that my wife had
Original Leave as Tier-1 Dependent - Granted 7 Jan 2013 - valid upto 25 July 2014
Entered UK - 1st April 2013, UK Stay upto 21 July 2014,

Went to India 22 July 2014 10.00 hrs, Visa expired 25th July - re-applied 30th July

Re-Applied Tier-1 dependent Extension in India - 30 July 2014 (within 8 days)

Granted Tier-1 dependent visa - 5 Aug 2014 valid to 19 July 2017

Entered back to UK - 2nd Sep 2014 (within 42 days)

Since I read in 2014 a HO guideline, which stated that if Visa is applied within 28 days of expiry, then it will be considered as continuous stay. Do you think this understanding is correct.

My whole family is really grateful for your advice please.

[vinny]

I think it's still unclear for dependants, although she probably stands a good chance.

They recently updated the meaning of 'continuous' for dependants, but have just decided to delete the changes.

[Hope2017]

Thanks a lot Vinny,

Finally, the million dollar question -

Which Form to use for Tier-1 Dependent application??

I have seen the PBS (DEPENDANT) version 01/2017 Guidance, but it does not have a Form associated with it.

I really am indebted for your help and advice.

[CR001]

https://www.gov.uk/government/publicati ... -dependant

[Hope2017]

Thanks you very much Dear Cr001

[Hope2017]

Dear Experts,

Just wanted to get an update on
Which Form to use for Tier-1 Dependent application for my wife & son, whose details have been discussed in this thread above.

Previously CR001 had kindly recommended Tier-1 & Tier-5 Application Form via the Link
https://www.gov.uk/government/publicati ... -dependant

I have today seen a Beta service for Tier-1 General dependent Application and also I Tried to fill all entries, this Beta service on Gov.UK also asks for Application Payment to be made on the same Beta service. Beta service link is given below
https://visas-immigration.service.gov.u ... nt-partner

Can I use this Online application for Application within UK for Tier-1 dependent Extension.

I have seen the PBS (DEPENDANT) version 01/2017 Guidance, but it does not have a Form associated with it.

I really am grateful for your help and advice.

[Hope2017]

Dear Administrators,

Apologies for again asking the question - if you can please help on

Which Application Form to use for Extension application for TIer-1 Dependents Wife & son.

Details as below

Myself- ILR granted (Jan 2017) via Tier-1 (general) route (first UK entry - July 2011)

My wife and kid - hold Tier-1(G) Dependent visa, granted in Jan 2013 (entered UK 1st April 2013), renewed in July 2014, about to expire on 19 July 2017.

Previously CR001 had kindly recommended Tier-1 & Tier-5 Application Form via the Link
https://www.gov.uk/government/publicati ... -dependant

I have seen a Beta service for Tier-1 General dependent Application and also I Tried to fill all entries, this Beta service on Gov.UK also asks for Application Payment to be made on the same Beta service. Beta service link is given below
https://visas-immigration.service.gov.u ... nt-partner

Can I use this Online application for Application & Payment (within UK for Tier-1 dependent Extension)
OR I need to use Tier-1 & Tier-5 Application Paper Form .

I really am grateful for your help and advice please.

[Hope2017]

Dear Experts,

I have an Urgent Question on Required
"Evidence for Child Care arrangement for under 18 year old",
which is Listed in Documents list for Tier-1 Dependent Form (page 36 of 36).

What Evidence for Child Care arrangement (for under 18 year old) needs to be submitted.

Actually my Wife "works from Home" and she is always at home to take care of our 12 year old son.

All help is really appreciated please, as I need to submit Tier-1 Extension Application for Son urgently.

Thanks is advance for your valuable guidance please.

[CR001]

Not relevant to your situation.

[Hope2017]

Dear CR001, Many Thanks for your urgent response please.