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Tier1 Dependent applying ILR independently

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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usman81
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Tier1 Dependent applying ILR independently

Post by usman81 » Fri Oct 28, 2016 4:45 pm

Dear readers, can a dependent apply for ILR after he/she has completed 5 years as a dependent to Tier 1 holder but has now separated?

Please advise
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usman81
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Re: Tier1 Dependent applying ILR independently

Post by usman81 » Fri Oct 28, 2016 5:27 pm

readers, any help please...
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Casa
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Re: Tier1 Dependent applying ILR independently

Post by Casa » Fri Oct 28, 2016 5:45 pm

No. There is a requirement for the Tier 1 sponsor to notify the Home Office of the breakdown of the relationship.

https://www.gov.uk/government/publicati ... nsent-form
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usman81
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Re: Tier1 Dependent applying ILR independently

Post by usman81 » Fri Oct 28, 2016 6:18 pm

Casa wrote:No. There is a requirement for the Tier 1 sponsor to notify the Home Office of the breakdown of the relationship. T

https://www.gov.uk/government/publicati ... nsent-form
Thank you. Even after fact that separation happened after 5 yrs have lapsed.? Can dependent claim Ilr showing 18k salary?
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Casa
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Re: Tier1 Dependent applying ILR independently

Post by Casa » Fri Oct 28, 2016 7:03 pm

No. The dependent is reliant on their sponsor. If the marriage is no longer subsisting they will have to look into whether they qualify for a points-based category in their own right.

However, this is likely to require them applying from outside of the UK.

When does their current visa expire?

Does the Tier 1 sponsor hold ILR?

Do they have any children together?
(Casa, not CR001)
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Re: Tier1 Dependent applying ILR independently

Post by CR001 » Fri Oct 28, 2016 8:01 pm

The ONLY time a PBS dependent can apply for ILR without the main PBS migrant is ILR based on 10 years long residence.
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usman81
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Re: Tier1 Dependent applying ILR independently

Post by usman81 » Fri Oct 28, 2016 10:46 pm

Casa wrote:No. The dependent is reliant on their sponsor. If the marriage is no longer subsisting they will have to look into whether they qualify for a points-based category in their own right.

However, this is likely to require them applying from outside of the UK.

When does their current visa expire?

Does the Tier 1 sponsor hold ILR?

Do they have any children together?
Thank you casa and cr001.

Visa expires end of next week. Yes tier 1 holder has now ilr. Ni kids yet.
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Re: Tier1 Dependent applying ILR independently

Post by CR001 » Sat Oct 29, 2016 11:11 am

Well the dependent doesn't have any options then. If the marriage is not subsisting then she will need to leave the UK. There is no time now to find another visa she might qualify for, ie. student visa.
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