absence period allowed for dependents towards ILR

[naveediiqbal]

Hi,

Is there any restrictions on absences from UK towards 5 years rule (ILR) for Tier 1 dependents like we have some for main applicants. Please advise.

I understand none for dependents at the moment.

[CR001]

No there is not but absence should be limited and for good reason, ie. should be living in the UK not in home country and only visiting UK. Cohabitation proof and evidence of subsisting marriage will be required.

[naveediiqbal]

No there is not but absence should be limited and for good reason, ie. should be living in the UK not in home country and only visiting UK. Cohabitation proof and evidence of subsisting marriage will be required.

Hi CR001,

Thank you for such a prompt response.

My family / dependents never went out of UK in last two years. They want to go for 3 months next year. I think that wont create issue.

In terms of cohahibition and subsisting marriage shall bank statements of my dependents, NHS letters, utility bills on same address should be okay or there may be some better sort of evidences. Thanks again. Your advise will help me prepare better for next three years before filing for ILR (at expiry of current visa).

Kind Regards

[geriatrix]

FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting

[naveediiqbal]

FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting

Thank you for pointing out on right direction.

[naveediiqbal]

Hi,

I am confused over the 5 year period for tier 1visa dependent. If the period starts from the visa date or the entry date. If the first entry was with in 1 month of visa granted.

I have tried looking guidance but did not find five year start date definition.

Kind regards

[vinny]

Date of entry.

[naveediiqbal]

Thank you!

[naveediiqbal]

Hi Members,

I would like to seek your guidance / suggestion for vary a leave.

Situation:

I have given an extension on a Tier 1 (G) visa on 24 Nov 2015 and valid up to 24 Nov 2018. I would be eligible for ILR earliest on My 2017.

My three dependents are also given extensions on their visas for the same date. I have three dependents Wife, Daughter (Born in UK), Son (Born overseas).

Strategy:

I understand that my daughter (born in UK) will be eligible for ILR once I get mine. I plan to go for her ILR or I think there is provision to directly register as a British citizen (instead of ILR).

My wife and my son (born overseas) both arrived in UK on 24 December 2013 so will not be eligible for ILR before 26 November 2018 (28 days rule) but their leaves will expire 2/3 days earlier (24 November) to this date.

I also understand that we can vary a leave before decision is made on application. So I am planning to apply for an extension (dependents) by post on last day (24 Nov 2018) and pay fee by bankers check. By the time I receive bio metric verification request I will wait for a few days and these will hopefully pass the 2/3 days gap and I will then send an application with leave to vary to ILR with appropriate form, documents and Life in UK (wife) and English language test result and other required documents for ILR.

The only potential issue would be that HO would already have the passports, BRPs, Marriage and birth certificates and other documents (these are again needed for ILR, how will I send these will ILR application if I would have already sent to them).

Further, I need to pay NHS charges on extension. If HO will refund these after successful variation of leaves.

Please advise if this plan seem workable or someone could advise some thing better or more helpful to me.

I will be looking forward for your kind suggestions.

Kind Regards to all.

[naveediiqbal]

FYI moderators, I was not able to merge the posts so need your help to merge with my relevant questions. Thanks.

Kindly advise me on my question as well

[geriatrix]

Well, it is expected that when an applicant requests for a "variation" he/she is unable to provide a passport + BRP + some documentary evidences that may be common to the initial and new application becasue the applicant has an application "already pending" with HO. Common sense!


An alternative to the above:

Under current rules it is possible to make an out-of-time application for settlement ... i.e. - within 28 days of leave expiring. This 28 days period of overstay will be ignored. The downside is that a refusal of such out-of-time application will not lead to right to AR.


Assuming the rule doesn't change by Nov. 2018, that is ....

[naveediiqbal]

Well, it is expected that when an applicant requests for a "variation" he/she is unable to provide a passport + BRP + some documentary evidences that may be common to the initial and new application becasue the applicant has an application "already pending" with HO. Common sense!


An alternative to the above:

Under current rules it is possible to make an out-of-time application for settlement ... i.e. - within 28 days of leave expiring. This 28 days period of overstay will be ignored. The downside is that a refusal of such out-of-time application will not lead to right to AR.


Assuming the rule doesn't change by Nov. 2018, that is ....

Thanks very much, Good point and I agree common sense suggests that and I will try mentioning it in variation application cover letter.I hope HO will not refuse or invalidate vary leave application due to missing mandatory documents.

Thanks for suggesting the both ways. After comparing both I will go for the former option just to be on safe side and getting a chance of AR.

Feeling a bit relieved now.

Have a great day. Thanks