Wife's Tier 1 Dependent Visa Valid ? after my ILR approved

[KLL12]

hi all,

I am in a real dilemma here. My husband got ILR in March 2012. I came to UK as Tier 1 dependent in May 2011. I applied for further live to remain on FLR(M) by post in April 2012. I got my passport and visa January 2013.
I have been given 2 years visa till December 2014. My question is when I can apply for ILR. Because my 2 years period will be completed this May 2013.

Thanks in advance.

[pkinuk]

Hi Pr123,

I am also exactly in a similar situation.

I on ILR, wife on Tier2 dependent in India with new born Kid.

Can you please share your experience on:
what visa / application form you applied for Kid?
what documents are submitted?
Any issues while entering into UK?

Thanks

[Amber]

hi all,

I am in a real dilemma here. My husband got ILR in March 2012. I came to UK as Tier 1 dependent in May 2011. I applied for further live to remain on FLR(M) by post in April 2012. I got my passport and visa January 2013.
I have been given 2 years visa till December 2014. My question is when I can apply for ILR. Because my 2 years period will be completed this May 2013.

Thanks in advance.

From 28 days before May 2013 on set(m) [thus now] as per immigration rule 287(a)(i)(d).

[pkinuk]

Some questions/requirements are not applicable to child born in the UK.

Thanks Vinny for the reply. Actually, my child was born outside the UK and has not yet applied for any visa. My wife, has her T1 Dependent visa valid until end of this year.

Hi Pr123,

I am also exactly in a similar situation.

I on ILR, wife on Tier2 dependent in India with new born Kid.

Can you please share your experience on:
what visa / application form you applied for Kid?
what documents are submitted?
Any issues while entering into UK?

Thanks

[pr123]

Hi pkinuk,

As I got a vague response from Chennai Embassy and also my wife's T1 dependent visa was ending soon this year, we decided to apply spouse and child visa (as a dependent on my ILR ) outside the UK.

Regards,
pr123

Some questions/requirements are not applicable to child born in the UK.

Thanks Vinny for the reply. Actually, my child was born outside the UK and has not yet applied for any visa. My wife, has her T1 Dependent visa valid until end of this year.

Hi Pr123,

I am also exactly in a similar situation.

I on ILR, wife on Tier2 dependent in India with new born Kid.

Can you please share your experience on:
what visa / application form you applied for Kid?
what documents are submitted?
Any issues while entering into UK?

Thanks

[BCPS]

Hi

I am Pavithra Baskar residing in this country with spouse of a settled person visa. My first entry into this country was on july 12, 2011 with a Tier 1 dependent visa as my husband was holding a Tier 1 general visa at that time. On March 1st 2012 I left to India for my maternity and delivered my daughter there. In the meanwhile my husband got his ILR in oct 2012 when I and my child were in India. But my Tier 1 dependent visa was still valid until may 2013. we decided to apply for a child of a settled person visa for our child alone as we assumed that I can travel with the existing valid Tier 1 dependent visa. But, unfortunately, our daughter's visa got rejected stating both parents should possess ilr status for the child to apply for a child of a settled person visa. The only option to return back to UK with my child was to apply as a spouse of a settled person for myself and child of a settled person for my daughter as that was the only visa option available. Now that my visa is getting expired in march 2016, I would like to apply for my ILR as I believe I would be eligible under the 2 years route as my entry clearance was on 12th of july 2011. I also qualify under the continuous residence category as I applied for my spouse of a settled person visa before my Tier 1 dependent expired. ( My tier 1 dependent visa expired in may 2013 where in I applied for the spouse visa in april 2013) under 319E(d)(i). I have my visa receipts which clearly shows the date I applied. THe settlement visa in India takes a minimum of 60 working days to process so I had no other way other than to wait till june 30 2013 when i got an approved visa for me and my daughter. So we were in a situation where we had to stay for a period more than necessary. Now I am intending to apply for an ILR instead of seeking an extension of the visa expiring on march 2016. Kindly advise me on the same.

Thanks & Regards
Pavithra

[vinny]

Unfortunately, your qualifying period for SET(M) was reset when you chose to apply for entry clearance as a spouse of a settled person.

[BCPS]

Thanks Vinny for your reply. I am pasting below the 319E (d) section from part 8 . After carefully going through I thought I am eligible for ILR under 2 years route as I had continuous leave since. Is there any particular guidance section where it says having a new entry clearance would void the previous entry although continuous leave is maintained.

319E. Requirements for indefinite leave to remain

(d) The applicant and the Relevant Points Based System Migrant must have been living
together in the UK in a marriage or civil partnership, or in a relationship similar to
marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that
person at a time when that person had leave under another category of
these Rules
under the Rules in place before 9 July 2012, and since then has had
continuous leave as the Partner of that Relevant Points based System
Migrant, the specified period is 2 years[/color]

[vinny]

Unfortunately, you no longer have leave as the Partner of that Relevant Points based System Migrant. By applying for entry clearance as a partner of a settled person, you have leave as the partner of a settled person under Appendix FM. So, 319E is no longer applicable.

[BCPS]

Thanks Vinny, although my current leave is "partner of a settled person" my husband was a PBS migrant under Tier1 and he got his ILR through the same route. Will he not be considered as a PBS Migrant ?

Regards
Pavithra

[BCPS]

Thanks Vinny, although my current leave is "partner of a settled person" my husband was a PBS migrant under Tier1 and he got his ILR through the same route. Will he not be considered as a PBS Migrant ?
Moreover that was the only option available to apply for spouse of settled person in order for us to apply for my kids visa as a child of a settled person.

Regards
Pavithra

[BCPS]

One more point Vinny, I was going through the Transistional provisions of Appendix FM, according to the below point, my leave was not expired as I applied for spouse of settled person before expiry and I cannot extend my leave staying from India.

" A person who was previously granted entry clearance or leave to remain under Part
8 and has been living outside the UK, during which time their leave under Part 8 has
expired, cannot benefit from the transitional provisions. The transitional provisions
allow a person already granted leave and living in the UK to continue their route to
settlement. If a person is not in the UK and they do not have an outstanding
application that was submitted before 9 July 2012, they cannot apply under Part 8 of
the Immigration Rules. They must apply under Appendix FM."

[CR001]

Also kindly note my wife's visa expires on 13 may 2013, will that be a problem in granting PBS dep for my kid if at all she is eligible

Your wife may still travel as a PBS dependent.

Kid may also apply as a PBS dependent if your wife has existing leave as a PBS dependent (319H(b)(ii)).

You were advised in 2013 that the child could apply as PBS dependent for leave to enter in line with your wife's visa and that your spouse should return before her PBS dependent leave expires and extend PBS Dep once in the UK. This advice was not followed and they applied for settlement entry clearance visas under appendix FM, which is a new 5 year route to ILR.

[BCPS]

True CR001, when we initially applied for child of a settled person, kids visa was rejected with the refusal reason that both parents should be in same category which totally confused us and made us to apply for spouse of settled person for my wife and child of settled person again.

Now with all these please let me know where I can find the reference which states getting a new entry clearance will reset the clock although new visa was applied before the Tier1 Dep expired which made the continuous leave to be maintained.

Thanks
Pavithra.

[vinny]

There are no provisions to amalgamate leave under a different category in E-ILRP.1.3.