ILR for dependant- HELP

[Dhyeya]

hello

Can anyone please suggest what is the best route?

Main applicant is on ILR (via the Tier 1 general 5 year route). Dependant also applied along with main applicant but was refused ILR because a driving conviction was not past the 24 months period. The 24 months will be completed by 25 Jul 2014 however, dependants Tier I (general) stay will expire on 09 Jul 2014. Given this please can anyone suggest what is the best route?

- Since 25 Jul 2014 is within the 28 day window, can he make an out of time application whilst staying in the country?
- If yes, then can he use the same set (o) form to make the ILR application?

We understand that making an out of time application means there is no right to appeal if refused again.

Thanks.

[Amber]

PBS dep extension application then vary to SET(O).

[Dhyeya]

Thanks Amber. Does this not mean that he will have to wait another 5 years before he can apply for ILR?

Satya

[Amber]

No.

[Dhyeya]

Thank you very much Amber. I really appreciate your quick response

Just to confirm my understanding,dependant does a postal application using the PBS dependant form and once past the 24 months conviction, fill out the Set (o) form along with a cover letter requesting to change the extension application to ILR?

In this case, when filling the Set (o) form, will it be considered as an out of time application?

I look forward for your response.

[Amber]

Yes that's correct and no it won't be considered out of time as you are varying an in time application!

[Dhyeya]

Very helpful. Thank you very much

[amergul]

hello

my wife case is nearly similar as well i applied her flr(m) by post but they refused i lodge appeal they refuse but they give me option to tier 1 permission to review decesion and appeal for upper tribunal i did that but they refuse as well now i have my 18600 income and fresh new english certificate of b1 as well the last decesion i recevied 18 june can i submitt new application under the 28 days law

please help

thanks

amer

[Amber]

Yes, you should be able to.

[amergul]

thanks amber
the 28 days start from date of decesion or date of receiving

[Amber]

Date on the decision letter.

[Dhyeya]

Thank you very much Amber. I really appreciate your quick response

Just to confirm my understanding,dependant does a postal application using the PBS dependant form and once past the 24 months conviction, fill out the Set (o) form along with a cover letter requesting to change the extension application to ILR?

In this case, when filling the Set (o) form, will it be considered as an out of time application?

I look forward for your response.

We are now trying to vary the application. Can you please confirm that the main applicant on the form will now be the PBS dependant? Are sections 5,6 and 9 on the Set(o) form relevant if the dependant only is applying? Would I need to send any of the original main appicants documents along with the dependants set (o) form?

Thank you very much in advance for your response.

Dhyeya