Dependent's status in case of ILR Refusal

[sehrish87]

Hi,

First of all, thanks for this wonderful forum. I am planning to apply for ILR at PEO next week. I and my spouse both have valid leave to remain as T1 General until end of September 2016. My spouse came to UK in 2010 so he also qualifies for ILR at the same time as I do. To save some cost, I want to apply for myself at PEO and send my spouse’s ILR by post after my application has been approved.

What I need to know is that
1) If for some reason, my application doesn’t get approved and I have to apply for AR/JR etc, what option would my spouse have?

2) I don’t want him to overstay so I would still like to make an in-time application but I am not sure what’s the correct approach? Does he need to apply with me at the same time when I make my application?

3) In case of refusal, if we both applied together, would we need to apply for our AR/JR individually or together?

Please note that I have paid all my taxes etc on time so I am hoping that my application will be successful on the day but I just want to explore all my options/ associated risks. Kindly advise. Thanks.

[vinny]

If you both have valid leave as Tier 1 (General), then neither is a dependant of the other.

If one of you is refused ILR and the other is granted ILR, then the former may switch to FLR(M), being a dependant of the later.

[sehrish87]

If you both have valid leave as Tier 1 (General), then neither is a dependant of the other.

If one of you is refused ILR and the other is granted ILR, then the former may switch to FLR(M), being a dependant of the later.

Hi Vinny,

Thanks very much for the reply. Sorry I perhaps didn't write it clearly. I have a Tier 1 General and my husband is on a Tier 1 General Dependent visa both valid till end of September 2016. Considering this, Could you please answer the questions above ? I will highly appreciate your response.

[ni_uk]

His immigration status will remain the same until 14 or 28days after final appeal refusal. I am not sure it is 14 or 28 days.

[sunymalik]

Hi,

Dependent Status will stay the same as main applicant.....

[vinny]

If you are refused ILR, then your husband cannot succeed in being granted ILR, unless eligible for ILR under Long residence. However, he may make an in-time application, in line with your refused application, to prevent him from being overstayer before you are.

[sehrish87]

However, he may make an in-time application, in line with your refused application, to prevent him from being overstayer before you are.

Thanks very much for your help vinny.

In addition to saving money on PEO for my dependent, the other reason why I dont want to apply with my dependent at the same time at PEO is that he's got 3 points on his license issued by the court. I believe there's a risk of him being refused for this so I wanted to apply on my own first. If I get refused, will he still be able to make PBS Dependent application considering that I would only have valid leave as T1(General) for a few days ?

Please note that if I get refused for any reasons, I will apply for AR/JR.

Please reply.