Urgent !! ILR for Dependant

[baltrical]

Hi Experts,
I came to UK in Tier 1 General visa and in this April Month I got ILR for myself.
My family members are in Tier 1 General Dependant Visa.

I am planning to apply ILR for them also in September 2017. They need to stay 5 years as I applied visa for them after 5 years rule implemented.

They all came to UK on 24/08/2012.
Date left UK Date of Entry to UK
16-Jun-13 08-Jan-14
10-Feb-14 11-Aug-14
28-08-15 31-08-15
13-Jul-16 09-Feb-16

My family member took hoildays for more than 180 days from 16-Jun -13 to 08-Jan-14.
1) Are they eligible for ILR in september ?
2) Is 180 days holiday rule applies to dependants also ? or date of entry to current date is ok ?
3) Can I split those 180 days in two years, as I am applying in september ?

please reply. thanks.

[zimba]

No it does not apply to PBS dependants

[baltrical]

Hi,
Thanks for the reply.
So need to show any absense letter for PBS dependant ILR ?
thanks again.

[zimba]

No

[baltrical]

Hi Everyone,
I have planned to apply for ILR for my dependants(Wife and 2 kids) where they completed 5 years(TIer G Dependant Sept 2012- Sept 2017). Their Visa expiry date is 23rd Jan 2018.

Last year I got ILR visa via Tier 1 General.

Since my wife is outside UK more than 180 days in a year, my visa agent said we cant apply for ILR and only we can apply for FLR(M).

I came to know that FLR -M will reset the clock, so they need to stay another five years for ILR.

Which is the best way to go ?

Visa agent said we cant apply for Tier 1 Dependant extension anymore as I am in ILR, he said there is only option is FLR(M). Please advice.

thanks in advance.

[CR001]

Topics merged.

If she is an applicant with a visa issued before 11th January 2018, then it is not applicable to her.

See the last post by vinny in link below.

uk-tier-1-general-visas/breaking-180-da ... l#p1583765

[baltrical]

Hi,
Thanks for the reply.
But my Visa agent is confusing me, he had already submitted the ILR application for my dependants before Christmas Holidays.
He said since your family members are out side the UK for more than 180 days we cannot go for ILR, he suggesting me to apply for FLR -M.

I given him the documents on October 1st week so which i can split the 206 absense days in to two years(130+76 less than 180 days), but now he delayed in submitting the documents to UKBA, so my sitaution is worse, I cant split those 206 absense. Its is coming 190 days in one years and other 16 days in other years.

So finally she falls in a category of more than 180 days absense.

Should I take risk and continue in ILR itself or submit FLR-M ?

Repeat: Visa agent submitted ILR dependants on December 20th. Now it is on HOLD. Which visa should I apply ?
thanks.

[CR001]

The absence limit DOES NOT apply to your dependents. Your visa agent doesn't seem to know what the heck he is doing.

FLR(M) will reset their clock to zero and a NEW 5 year residence requirement (2 x 2.5 year visas) before they will qualify for ILR.

[baltrical]

Hi,
Thank you very much for the reply even on weekends.
I am going to meet the Visa agent on this Monday for the decision making.
He will try to prove that he is right, please can I have some document link from Gov.Uk ?
So that I show to him and go ahead with ILR process.

[CR001]

Topics merged.

If she is an applicant with a visa issued before 11th January 2018, then it is not applicable to her.

See the last post by vinny in link below.

uk-tier-1-general-visas/breaking-180-da ... l#p1583765

Already provided in the link above, where vinny links the relevant immigration rules.

[baltrical]

Thanks for the link and reply.
Last question, if in case he says their is a issue in proceeding in ILR, can I go for extension of Tier 1 Dependant even I am in ILR ? This is to purely avoid FLR and tell that visa agent is wrong. He says that he is 1000% sure that I can't go for Tier 1 general dependant extension for my family since am in ILR.
Please reply.

[CR001]

If you got ILR based on Tier 1 General and 5 years residence, your dependents DO NOT have to swtich to FLR(M). The rules permit them to continue as PBS dependents and appyl for ILR when they reach 5 years residence. The absence limit DOES NOT apply to them as the RULES state as their visas are BEFORE 11 January 2018.

dependants-of-ilr-economic-5-year-route-applicants (click)

I am not sure why you are listening to an 'agent' who does not seem to know the rules. You are wasting your money. A PBS dependent ILR application is NOT difficult and you don't need an 'agent' to do it for you.