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ILR eligibility for 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

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likhith
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ILR eligibility for dependent

Post by likhith » Mon Jun 26, 2017 4:54 pm

Hi,

I got ILR in January-17, I am applying for my dependants(wife and kid), Could you advise ILR eligibility date please?

My wife and kid got Tier1 G dependent visa on 25-07-2012
Entered into UK on 22-08-2012
Current Tier1 G dependent visa expires on 15-07-2017.

Travel dates:
Start End Absence
17/07/2013 04/09/2012 48
11/12/2014 31/12/2014 20
21/07/2016 05/09/2016 46

1. Since they entered into UK on 22-08-2012 are they eligibility only on or after 25-07-2017?

2. Since they came to UK within 28 days of their visa stamp i.e are they eligible to apply visa before 15-07-2017?

Please advise what options I have ?

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Re: ILR eligibility for dependent

Post by CR001 » Mon Jun 26, 2017 5:45 pm

On what date did they apply for their first visa in 2012?
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likhith
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Re: ILR eligibility for dependent

Post by likhith » Mon Jun 26, 2017 9:02 pm

They applied on 18 July 2012

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CR001
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Re: ILR eligibility for dependent

Post by CR001 » Mon Jun 26, 2017 9:05 pm

1. Since they entered into UK on 22-08-2012 are they eligibility only on or after 25-07-2017?
Yes, it is counted form date of entry to the UK.
2. Since they came to UK within 28 days of their visa stamp i.e are they eligible to apply visa before 15-07-2017?
No, not applicable.
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likhith
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Re: ILR eligibility for dependent

Post by likhith » Mon Jun 26, 2017 9:18 pm

What options I have please ?

Do I have to apply Tier1 G dep extension (or)

Apply for ILR on 13th July and wait for Biomatrics until 25th July. Is that allowed please ?

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Re: ILR eligibility for dependent

Post by CR001 » Mon Jun 26, 2017 9:20 pm

Do I have to apply Tier1 G dep extension (or)
Yes, and when eligible for ILR, apply to vary the application.
Apply for ILR on 13th July and wait for Biomatrics until 25th July. Is that allowed please ?
You could but no guarantee it will work as date of application is the date you post the pack to HO.
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Re: ILR eligibility for dependent

Post by likhith » Mon Jun 26, 2017 9:31 pm

Thanks CR001 for your quick advise.
I will search the board on how to very the application.

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Re: ILR eligibility for dependent

Post by CR001 » Mon Jun 26, 2017 9:39 pm

Char (CR001 not Casa)
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Re: ILR eligibility for dependent

Post by likhith » Tue Jun 27, 2017 3:19 pm

Can I get NHS surcharge back after I vary the application please?

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Re: ILR eligibility for dependent

Post by likhith » Fri Aug 18, 2017 10:00 am

I have varied the application from Tier1(G) dependant ext to ILR for my wife and son. Unfortunately both applications are processed simultaneously.
Application and BRP date sequence:
1. Date of Tier1 PBS dependent ext application : 14-Jul-17
2. Date of Tier1 Amount deducted : 18-Jul-17
3. Date of BRP letter for finger prints for Tier1 application received : 20-Jul-17
4. Date of ILR application made (to vary Tier 1 to ILR) : 27-Jul-17
5. Date of ILR Amount deducted : 31-Jul-17
6. Date of finger prints given for Tier1 ext : 04-Aug-17
7. Date of BRP approval letter for Tier1 G dependant : 08-Aug-17
8. Date of BRP letter/card received : 11-Aug-17
9. Date of BRP letter for finger prints for ILR application received : 18-Aug-17

We have varied Tier1 General dependent extension to ILR SET(O) on the basis of 5 years lawful residence in UK. We have received Tier 1 approval letter for XXX on 11th Aug, 2017 along with the BRP card and the relevant original documents.
However, as I have varied Tier 1 application to ILR before Tier 1 application decision has been made, I would have hoped to receive just the ILR as per below reference from UKVA https://www.gov.uk/government/uploads/s ... n-v1.0.pdf page 19, An application can only have one application outstanding at a time, except for one very specific exception as set out in example scenario 4 below. When an applicant submits an application for leave followed by another application for leave, the second application will either be a variation of the first application, or a new application. The examples below explain how this works.
Example scenario 1: An applicant submits application A in time. They then submit application B before application A has been decided, but after the applicant’s leave has expired when the applicant transitioned to 3C leave.

Could some you advise what options I have now to get tier1 ext fee and HIS surcharge back please?

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Re: ILR eligibility for dependent

Post by likhith » Thu Aug 24, 2017 1:51 pm

Can someone advise please?

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Re: ILR eligibility for dependent

Post by CR001 » Thu Aug 24, 2017 2:01 pm

How exactly did you 'vary' the application? Did you send the Set(O) application to the address on the form or to the address for the Tier 1 Dep department?
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Re: ILR eligibility for dependent

Post by likhith » Thu Aug 24, 2017 5:41 pm

As described in the application forms
I have posted to
Tier1 Dependant to :

Home Office
Tier 1 Dependants
PO Box 496
Durham
DH99 1WQ

And
ILR applications to :
Home Office
SET(O)
Indefinite Leave to remain
PO Box 591
Durham
DH1 9FS

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Re: ILR eligibility for dependent

Post by CR001 » Thu Aug 24, 2017 7:34 pm

Did you write a covering letter clearly stating you want to vary?

How is the Tier 1 Dependent visa department suppose to know you have applied for ILR variation?
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Re: ILR eligibility for dependent

Post by likhith » Thu Aug 24, 2017 9:05 pm

I did write covering letter and explained all the details. I've highlighted reference numbers and subject in bold. Covering letter details introduction part:


Date: 26-July-2017
To,
Home Office
SET(O)
Indefinite Leave to remain
PO Box 591
Durham
DH1 9FS

Dear Sir/Madam,

Subject: Vary the applications - Tier1 General dependant extension to Indefinite Leave to Remain SET(O) application for xxxxx and xxxx.

My name is xxx, I am writing this letter to introduce you with my immigration history and status in UK. I am intending to vary me and my son’s applications forms Tier1 General dependent extension to ILR SET(O) on the basis of 5 years lawful residence in UK. Tier1 General Dependant extension ref number is xxxxx
---------------------------------

How is the Tier 1 Dependent visa department suppose to know you have applied for ILR variation?

Sorry, Do I suppose to inform Tier 1 department to vary? I was under impression that ILR application automatically varied when they see my covering letter and SET(O) application section 10 and 11 mentioned reference number and no passports and BRP submitted because they are with home office already for Tier1 ext.
Also I don't have contact details of Tier1 dep of home office to inform them.

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Re: ILR eligibility for dependent

Post by likhith » Fri Aug 25, 2017 4:00 pm

Any advise please ?

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Re: ILR eligibility for dependent

Post by CR001 » Fri Aug 25, 2017 4:06 pm

Did you notify the Tie 1 Dependent department that you were varying?
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Re: ILR eligibility for dependent

Post by likhith » Fri Aug 25, 2017 4:13 pm

CR001 wrote:
Fri Aug 25, 2017 4:06 pm
Did you notify the Tie 1 Dependent department that you were varying?
No. I was under impression that they will be notified internally when they see my ILR application mentioned as vary.

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Re: ILR eligibility for dependent

Post by CR001 » Fri Aug 25, 2017 4:16 pm

Two different departments.

Your dates of application are so close too so highly likely by the time it MIGHT have filtered through it was too late.
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Re: ILR eligibility for dependent

Post by likhith » Fri Aug 25, 2017 4:34 pm

Yeah dates were close but I didn't have much option and contact details of case worker of Tier1 dep to inform. All passports and BRP cards are sent me back along with Tier1 ext. Don't know how ILR applications will be processed now. I called to ILR phone number 03001232241 but they don't have an access to actual case worker reference number. Do you think I am going loose the money here? Do I have any option to ask for review since they received my ILR application on 31st and fee was taken?

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Re: ILR eligibility for dependent

Post by CR001 » Fri Aug 25, 2017 4:35 pm

Review of what?

You have been charged for the applications you submitted.
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