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Help needed - ILR for Tier 1 General Dependent

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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Tak01
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Help needed - ILR for Tier 1 General Dependent

Post by Tak01 » Tue May 02, 2017 10:36 pm

Dear Board Members,

I am a British national (obtained through Tier 1 General) in 2015. My wife came to UK on 18th August 2012 as Tier 1 General Partner on the rules after 09 July 2012.

My Status Time Line:
• Naturalized / Citizenship – Oct’ 2015
• ILR – Apr’ 2014
• Tier 1 General Extension – Apr’ 2012
• Tier 1 General – Apr’ 2009

My Wife’s Time Line:
• PBS Dependent Leave to Remain – Feb’ 2015 – Feb’ 2018
• Entry Clearance as Tier 1 General Dependent – 23-August 2012 – 23 April 2015

I would appreciate if someone can give their valuable time and provide some suggestions/advice to the following queries with above background information,

1. Is she eligible for ILR on 19 July 2017 after spending 5 years in the UK? One month short.
2. If so, Do I need to use SET(O) form?
3. What should I specify in Question 5.4 of this form where it asks “Does a relative or friend of you or your partner, or both of you, regularly give you money?” She does not work.
4. Section 9 is not applicable? Is my understanding correct?
5. Where should I put my income details, I do meet the criteria for points?
6. Do I need to detailed points relevant to me in a separate covering letter?
7. Do we need to provide bank statement to show maintenance funds?
8. How many proof of address / Cohabitation is required? Is it same as FLR(M)?
9. After ILR can she immediately apply for Naturalisation? I have read somewhere that if a person become British citizen, dependent only need to show 3 years of continuous residence? I am not sure about any clause.
10. I have been claiming child benefit in my name for both of our children (Both are British Citizen) since my ILR. Will it be a problem?

I know above are too many questions, but any feedback / advice will be a great help.

Kind Regards,

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CR001
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Re: Help needed - ILR for Tier 1 General Dependent

Post by CR001 » Tue May 02, 2017 10:43 pm

1. She can apply no sooner than 28 days prior to the date she ENTERED the UK on her dependent visa. You state she arrived in the UK on 18th August 2012 but then state her visa was granted on 23 August 2012 - are you sure your dates are accurate??

2. Yes

3. So does another friend or relative give her money, i.e not you

4. Not required as far as I understand.

5. YOU are not applying so why do you need to 'claim points'. Your dependent doesn't need points. Not required.

6. No because YOU are not applying.

7. Not sure.

8. Think last two years.

9. Yes, once she receives her BRP card and she meets ALL the requirements for spouse of BC based on 3 years residence including being physically present on exactly the same date 3 years ago to the date she submits her application.

10. No issue.
Char (CR001 not Casa)
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Tak01
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Joined: Fri Apr 28, 2017 5:37 pm

Re: Help needed - ILR for Tier 1 General Dependent

Post by Tak01 » Tue May 02, 2017 11:02 pm

Hello CR001,

Thank you for your time.

She got the entry clearance on 13 August.

So, after reading your comments, does this mean that I leave the section 9, complete rest of the application form and submit application along with other required documents.

I was just concerned where should I enter detail about Income, after reading your comments it looks like I don't have to provide any details regarding work/income.

Please could you confirm?

Once again Thank you for your time,

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CR001
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Re: Help needed - ILR for Tier 1 General Dependent

Post by CR001 » Tue May 02, 2017 11:14 pm

Yes, she is applying as a dependent on her own.

She can apply anytime within 28 days before 18th August.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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Tak01
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Re: Help needed - ILR for Tier 1 General Dependent

Post by Tak01 » Thu May 04, 2017 11:01 am

Thank you for clarification CR001

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