ILR Dependents

[rishabh771]

Friends,

In a tricky situation and hoping you can help.

I am currently on Tier 1 visa and shortly applying (next month) for ILR. My wife entered UK as Tier 1 dependent in March 2013 so has been here for less than 2 years and doesn't qualify under July 2012 cutoff. We are planning to delay her application for being dependent to Settled persons as her visa is applicable till late in 2015.

If all goes well then in a months time, i will be on ILR category and my wife under Tier 1 dependent visa. Will her visa still be valid as i have switched category and no longer on Tier 1?

Any help would be much appreciated.

Regards,
Rishabh

[CR001]

If you are applying for ILR based on Tier 1 and 5 years residence, your wife can continue to extend her Tier 1 Dependent until she qualifies for ILR, she DOES NOT have to switch. If she does switch, her ILR clock resets and she will be on a new 5 year route to ILR.

She only has to switch to FLR(M) if you apply for ILR based on 10 years residence.

[rishabh771]

Thank you for the response. Quite helpful.
A follow up query though, so does that mean that if she switches the category through FLR(M) sometime next year then we have to wait for another 5 years? How does the below rule will come into play?


From 6 April 2015 the Tier 1 (General) category will be closed to applicants who want to extend or switch to this visa.

[CR001]

The new Tier 1 rules do not apply to Tier 1 dependents.

If she switches to FLR(M), she will have to start her 5 years from day 1 and her time from March 2013 will be lost and only usable for 10 years long residence..

[rishabh771]

The new Tier 1 rules do not apply to Tier 1 dependents.

If she switches to FLR(M), she will have to start her 5 years from day 1 and her time from March 2013 will be lost and only usable for 10 years long residence..

Thank you for your responses. Much Appreciated.
I can go for an early renewal right anyways if i want to be on the safer side and apply for PBS dependent before April 2015. Also, with myself being moved to ILR shouldnt stop my wife to have the PBS dependent visa?

[CR001]

Correct on both your points.

Once she reaches her 5 years on Tier 1 dependent, she can apply for ILR on SET(O).

[rishabh771]

Correct on both your points.

Once she reaches her 5 years on Tier 1 dependent, she can apply for ILR on SET(O).

Thank you.. you're a star..

[diponkar73]

Hi
Can you please advise me in the following situation. I got ILR on 10 years long residence route on july 2014. My wife and son leaving with me for last 9 years. we had an appeal which was allowed on 4th march 2014. After that date I applied for (though I completed 10 years on last december) ILR and it was granted. I did not withdraw my appeal so that home office can't refuse it.

In this period home office didn't issue any visa to my wife. when I Got my ILR then my wife and son apply for FLR(M) on 18th august and it was successful. Home office issued the leaflet on that day it stated that my wife and son eligible to apply for ILR meeting the criteria for SET(M).
But they granted visa for two and half years under new rule. But I applied for ILR on 15th september by premium service. Case worker asked for court letter which was relevant to My appeal. I informed that I submitted it with my FLR(M) application. Then I convinced him, I would submit it on the same day before 4pm. When I submitted it then he gave me a letter which stated that your application is valid but we need further enquiry to reach a decision. It almost seven weeks running we have not heard any thing yet. By this time we called home office they informed that enquiry has not completed yet.

please advise me .
Many thanks
Diponkar