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Tier 1 dependent applying for ILR separately

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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hrayrd
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Posts: 37
Joined: Thu Nov 04, 2010 10:03 pm

Tier 1 dependent applying for ILR separately

Post by hrayrd » Mon Jun 19, 2017 10:41 pm

Hi All,

I have got my ILR around 9 months ago, and now my wife is going to apply to ILR under Tier 1 dependent.
I would highly appreciate if somebody can reply to below questions:

1. SET(O) is the form to be used. Correct?

2. How to find out which sections she needs to fill in the application form? e.g. Section 1 or Section 2 should be filled for her (as i am confused if applying separately she is main applicant or not). Also the section about immigration history - does she need to fill this? I would highly appreciate if somebody can point which sections should be filled for her.

3. How should she prove my ILR? a copy of my BRP would be sufficient?

Many thanks in advance,

Hrayr

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marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Tier 1 dependent applying for ILR separately

Post by marcnath » Tue Jun 20, 2017 6:21 pm

hrayrd wrote:Hi All,

I have got my ILR around 9 months ago, and now my wife is going to apply to ILR under Tier 1 dependent.
I would highly appreciate if somebody can reply to below questions:

1. SET(O) is the form to be used. Correct?

2. How to find out which sections she needs to fill in the application form? e.g. Section 1 or Section 2 should be filled for her (as i am confused if applying separately she is main applicant or not). Also the section about immigration history - does she need to fill this? I would highly appreciate if somebody can point which sections should be filled for her.

3. How should she prove my ILR? a copy of my BRP would be sufficient?

Many thanks in advance,

Hrayr
What route did you get your ILR on ?
Why did you not apply together 9 months back ?

1. Yes - SET (O), assuming you got your ILR on a PBS
2. She is the main applicant. All sections need to be filled except Section 9
3. Enter details in 12L
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

hrayrd
Newbie
Posts: 37
Joined: Thu Nov 04, 2010 10:03 pm

Re: Tier 1 dependent applying for ILR separately

Post by hrayrd » Tue Jun 20, 2017 6:24 pm

Thanks for your reply.
I have got my ILR on PBS Tier 1 General.
She didnt apply as first year in the UK she was on student visa and we had to wait for 5 years to turn up (she got tier 1 in august 2012)

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marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Tier 1 dependent applying for ILR separately

Post by marcnath » Tue Jun 20, 2017 6:33 pm

hrayrd wrote:Thanks for your reply.
I have got my ILR on PBS Tier 1 General.
She didnt apply as first year in the UK she was on student visa and we had to wait for 5 years to turn up (she got tier 1 in august 2012)
I have now seen what seems to be a misunderstanding couple of times.

The criteria for a dependant of PBS is as below.

You seem to be on the border, but I would have assumed she applied before 9th July 2012 unless the then UKBA was very efficient. That meant she was eligible when you got your ILR.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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