Tier 1 Gen dependants - Queries, please help

[rk_niu1981]

Hi All

Need your help please if you dont mind.

I got my citizenship few years ago. My wife and my daughter are still on Tier1 Gen Dependant visas. As per the visa issue dates, they both complete 5 year period and qualify for ILR sometime in Sep 2019. However due to some personal reasons, we had to go out of country (India) in June 2019 and we are still in India now. We wanted to come back to UK. Based on above situation, please could you answer below queries:

1. Can I apply for their ILR as soon as I return to UK or do I need to stay for some time before applying?

2. Lets say we come back in Feb 2020, so we will be out from June 2019 to Feb 2020, is this a problem (outside UK for over 180 days) for their ILR application?

3. If its ok to apply for ILR after we come back, do we need to show proof of staying together in India? Actually even though we are outside the country, I was still renting the apartment in UK and paying all bills and council tax etc. Do we need to provide any additional documents to prove that we were still together?

4. If we cant apply after we come back, then what other rules do we need to satisy before applying? FYI please..their current visas are expiring on June 30, 2020.

Please could anyone answer to the above queries.

Thanks in advance for your time. Cheers!

[zimba]

1. Can I apply for their ILR as soon as I return to UK or do I need to stay for some time before applying?

Yes

2. Lets say we come back in Feb 2020, so we will be out from June 2019 to Feb 2020, is this a problem (outside UK for over 180 days) for their ILR application?

I assume their last visa was issued before 11 Jan 2018, so no issues as there is no absence limit for them

3. If its ok to apply for ILR after we come back, do we need to show proof of staying together in India? Actually even though we are outside the country, I was still renting the apartment in UK and paying all bills and council tax etc. Do we need to provide any additional documents to prove that we were still together?

The proof of UK life is sufficient

4. If we cant apply after we come back, then what other rules do we need to satisy before applying? FYI please..their current visas are expiring on June 30, 2020.

Your wife needs to qualify under SET(O), so she needs to pass LIUK and provide English language evidence at B1 level

[rk_niu1981]

Thank you Zimba, appreciate the help.
Few more queries please:

1. Do I need to show any proof of earnings for their application?

2. Do I need to show any proof of funds for maintenance requirement?

3. As am currently out of job, is this a problem?

4. What documents do I need to show for proof of staying together, I got council tax etc for the latest one, do we need this for all the 5 year period?

5. I will go through the forum to figure out all the documents required, but if you know where I can find this, please could you share with me.

Thanks again for the help. Cheers!

[zimba]

1. No
2. No
3. No
4. Cohabitation documents, 3 pieces of information covering the last two years
5. https://www.gov.uk/government/publicati ... rs-1-2-4-5

[rk_niu1981]

Thanks again Zimba, greatly appreciate the help...

[rk_niu1981]

Hi All

Need your help please if you dont mind.

I got my citizenship few years ago. My wife and my daughter are still on Tier1 Gen Dependant visas. As per the visa issue dates, they both complete 5 year period and qualify for ILR sometime in Sep 2019. However due to some personal reasons, we had to go out of country (India) in June 2019 and we are still in India now. We wanted to come back to UK. Based on above situation, please could you answer below queries:

1. I should have been in UK now and looking for a job but due to coronavirus outbreak and travel restrictions I am stuck here in India. My wife and daughters visas are expiring on June 30, 2020. I dont know when these restrictions will be relaxed, let us say in June 2020 I can come and bring them to UK, can I apply for ILR for both of them as soon as I come? As they have been almost a year outside UK? Would this absence affect their ILR application?

2. Lets say if I am not able to bring them back before their visa expiry due to coronairus and my job situation, would there be any allowance period be given to their current dependant visas, I read in announcements that home office has extended stays for people with visas expired due to virus. Would I get any benefit of this?

3. Worst case, I dont think I can extend their dependant visas as I dont have any maintenance funds in bank account, is there any other visa category that I can apply for them? And what would be app fee and health surcharge? And does the 5 year cycle start again?

Please could anyone answer to the above queries.

Thanks in advance for your time. Cheers!

[CR001]

Topics merged

[rk_niu1981]

Hi all
Please can anyone answer to my queries above?
I would really appreciate the help.
Thanks in advance

[rk_niu1981]

Hi All

Need your help please if you dont mind.

Dear CR001, please dont merge this with old thread I created few months ago as I have not got any response there, appreciate your help. Its a fresh post and I already outlined the background for the people to understand, please dont merge. Thanks a lot. Cheers!

I got my citizenship few years ago. My wife and my daughter are still on Tier1 Gen Dependant visas. As per the visa issue dates, they both complete 5 year period and qualify for ILR sometime in Sep 2019. However due to some personal reasons, we had to go out of country (India) in June 2019 and we are still in India now. We wanted to come back to UK. Based on above situation, please could you answer below queries:

1. I should have been in UK now and looking for a job but due to coronavirus outbreak and travel restrictions I am stuck here in India. My wife and daughters visas are expiring on June 30, 2020. I dont know when these restrictions will be relaxed, let us say in June 2020 I can come and bring them to UK, can I apply for ILR for both of them as soon as I come? As they have been almost a year outside UK? Would this absence affect their ILR application?

2. Lets say if I am not able to bring them back before their visa expiry due to coronairus and my job situation, would there be any allowance period be given to their current dependant visas, I read in announcements that home office has extended stays for people with visas expired due to virus. Would I get any benefit of this?

3. Worst case, I dont think I can extend their dependant visas as I dont have any maintenance funds in bank account, is there any other visa category that I can apply for them? And what would be app fee and health surcharge? And does the 5 year cycle start again?

4. Last question please, as they qualified to apply for ILR in Sep 2019 but have been outside UK since then, can we apply for settlement (ILR) in India (outside UK) as we are in India rightnow, if so, what are the chances of success...obviously they did not stayed sometime the last year (5th) in UK

Please could anyone answer to the above queries.

Thanks in advance for your time. Cheers!

[zimba]

1. I should have been in UK now and looking for a job but due to coronavirus outbreak and travel restrictions I am stuck here in India. My wife and daughters visas are expiring on June 30, 2020. I dont know when these restrictions will be relaxed, let us say in June 2020 I can come and bring them to UK, can I apply for ILR for both of them as soon as I come? As they have been almost a year outside UK? Would this absence affect their ILR application?

PBS dependant absence limit only applies if their visa was issued after 11 Jan 2018

2. Lets say if I am not able to bring them back before their visa expiry due to coronairus and my job situation, would there be any allowance period be given to their current dependant visas, I read in announcements that home office has extended stays for people with visas expired due to virus. Would I get any benefit of this?

No. That only applies to people in the UK and unable to return home.
https://www.gov.uk/guidance/coronavirus ... #inside-UK
Your family should apply for a new entry clearance before visa expiry or within 14 days of visa expiry to maintain continuous residence.

3. Worst case, I dont think I can extend their dependant visas as I dont have any maintenance funds in bank account, is there any other visa category that I can apply for them? And what would be app fee and health surcharge? And does the 5 year cycle start again?

5 year Family route. It has income requirements, you need to pay IHS. They have to start their ILR clock from scratch.
10 year family route has no income requirement.

4. Last question please, as they qualified to apply for ILR in Sep 2019 but have been outside UK since then, can we apply for settlement (ILR) in India (outside UK) as we are in India rightnow, if so, what are the chances of success...obviously they did not stayed sometime the last year (5th) in UK

You cannot apply for settlement outside the UK

[rk_niu1981]

Hi Zimba thanks for the response, greatly appreciate it. Please could you answer couple of more follow up queries as highlighted below in bold:

3. Worst case, I dont think I can extend their dependant visas as I dont have any maintenance funds in bank account, is there any other visa category that I can apply for them? And what would be app fee and health surcharge? And does the 5 year cycle start again?

5 year Family route. It has income requirements, you need to pay IHS. They have to start their ILR clock from scratch. -- What is the specific visa name, so I can find its app fee and other income and maintenance requirements etc...Can I apply this in India as its difficult to travel now?

10 year family route has no income requirement.
--What is the specific visa name, so I can find its app fee and other income and maintenance requirements etc. Does the 10 year period will count the 5 year visa that they currently have if we apply before the current visas expire. Can I apply this in India as its difficult to travel now?


Thanks again for the help

[CR001]

5 year Family route. It has income requirements, you need to pay IHS. They have to start their ILR clock from scratch. -- What is the specific visa name, so I can find its app fee and other income and maintenance requirements etc...Can I apply this in India as its difficult to travel now?

FLR(M) spouse visa. Resets their 5 year ILR clock and they will require 2 x 2.5 year FLR(M). To apply from India, you have to apply for an entry clearance spouse settlement visa : https://www.gov.uk/uk-family-visa/partner-spouse

10 year family route has no income requirement.
--What is the specific visa name, so I can find its app fee and other income and maintenance requirements etc. Does the 10 year period will count the 5 year visa that they currently have if we apply before the current visas expire. Can I apply this in India as its difficult to travel now?

FLR(FP) 10 year Partner route. Resets ILR clock too and is 4 x 2.5 year visas. Rare that you can apply for this route from abroad.

[rk_niu1981]

Many thanks CR001 and Zimba for your replies...

I hope this will be the last question....after looking at your responses, this is what I have been thinking, please share your thoughts

My wife and daughter visas are expiring on June 30, 2020. Its about a month from now. As absences is not a problem, I am thinking of applying for their ILR directly before their visas expire. The problem I have is at the moment international flights have not started between India and UK, and am not sure when they will resume this. So i think it will be tough for me to apply ILR for them before their visa expiry dates. Obviously as you are aware the flights are not running because of Covid outbreak. Do you think UK Visas will give some extra time so we can submit our applications as there is no air travel at the moment. Have they released any guidelines etc on this. Obviously my plan will be to get them to UK ASAP but I have to look at the covid situation in UK as well and ensure its safe for us to travel. In the worst case, is it possible for us to travel after visa expriy to UK, are they giving any relaxation for people who are in situation like us, so we can come to UK and apply for ILR. Please could you share your thoughts on this.

Thanks again for all the help.

[zimba]

I already covered this above. There is NO reason why UK should extend the visas of people who are outside the UK. Nothing stops you from applying for a new entry clearance from outside the UK. Airlines do not allow boarding with invalid visas.

[rk_niu1981]

Hi Zimba
Thanks, I did not see that in your messages above
I agree your point that at airport we will not be allowed to fly. But If I apply for a new entry clearance (dependant visa), it costs me 2500 GBP per person for 2.5 years, their 5 year clock period will reset and also I cannot provide any income or maintenance reqs as I am out of job for over 6 months.
Because the absences are not a concern, I decided to directly apply for ILR before their visas expire, but an not sure if I will be able to travel back to UK in time.
Shall I apply for short term visit visa for both of them and then go to UK, and explain my situation to Home office to consider application for ILR immediately as we go to UK, what do you think?
I will try reaching home office tomorrow over phone and see if they can advise anything...

Meanwhile please share your thoughts...thanks again

[zimba]

Hi Zimba
Thanks, I did not see that in your messages above
I agree your point that at airport we will not be allowed to fly. But If I apply for a new entry clearance (dependant visa), it costs me 2500 GBP per person for 2.5 years, their 5 year clock period will reset and also I cannot provide any income or maintenance reqs as I am out of job for over 6 months.
Because the absences are not a concern, I decided to directly apply for ILR before their visas expire, but an not sure if I will be able to travel back to UK in time.
Shall I apply for short term visit visa for both of them and then go to UK, and explain my situation to Home office to consider application for ILR immediately as we go to UK, what do you think?
I will try reaching home office tomorrow over phone and see if they can advise anything...

Meanwhile please share your thoughts...thanks again

You cannot apply for ILR when you are outside the UK. If they get visit visa they cannot get ILR if they arrive in the UK and they have to leave again and apply for a family visa, all from scratch. This is not about haggling your way out of the immigration rules

[rk_niu1981]

Hi Zimba
Thank you. Hopefully this is the last query.
I cannot apply for extension of their current visas or new entry clearance visas as I cannot meet income and maintenance reqs. If there was no Covid, I would have come to UK before their visas expire and apply for ILR directly.
However situation of air travel is not supporting me. What is the work around, so I dont have to apply for extension or new entry clearance visas as both of them would cost me around 5000 GBP, which I cannot bear in this situation. I would rather directly use that money to apply for their ILR. Please let me know what can I do in this situation.
Thanks again for your time. Cheers.

[zimba]

Hi Zimba
Thank you. Hopefully this is the last query.
I cannot apply for extension of their current visas or new entry clearance visas as I cannot meet income and maintenance reqs. If there was no Covid, I would have come to UK before their visas expire and apply for ILR directly.
However situation of air travel is not supporting me. What is the work around, so I dont have to apply for extension or new entry clearance visas as both of them would cost me around 5000 GBP, which I cannot bear in this situation. I would rather directly use that money to apply for their ILR. Please let me know what can I do in this situation.
Thanks again for your time. Cheers.

If you cannot support their application, then you should wait until you can. That means you should accept that they cannot get ILR as their continuous stay will be broken and have to start their ILR qualifying period from scratch. You have to accept the costs whether you like it or not. It is up to you to choose what you are comfortable with. Your original question in this post dates back to early Jan. You could have avoided the costs if you acted then.