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Question about ILR for dependant (T1 Exceptional Talent)

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Anuar
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Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Sat Mar 19, 2022 12:05 am

Dear All,

I have ILR status already but used to have T1 Exceptional Talent Visa. My wife joined me in Jan 2019 (3 years and 2 months already) as T1 Exceptional Talent Dependant. Her BRP is valid till Aprl 2023. So 5 years qualifying period requirement will NOT be within the boundaries of this BRP:
Jan 2019 - Jan 2020 - 1 year
Jan 2020 - Jan 2021 - 2 years
Jan 2021 - Jan 2022 - 3 years
Jan 2022 - Jan 2023 - 4 years
Jan 2023 - Jan 2024 - 5 years

Could you please advice us what should we do in this situation? (If it is relevant, we have a son (4 months) who is UK citizen).

Thanks in advance!

vinny
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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by vinny » Sat Mar 19, 2022 12:47 am

Extend under 319C.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Anuar
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Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Sat Mar 19, 2022 10:35 am

Thanks for the quick response. I also was recommended to follow https://www.gov.uk/government/publicati ... form-flrfp
for flr extension. Could you please advise me what is the difference with your suggestion and which option is better in my case?

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CR001
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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by CR001 » Sat Mar 19, 2022 10:41 am

Anuar wrote:
Sat Mar 19, 2022 10:35 am
Thanks for the quick response. I also was recommended to follow https://www.gov.uk/government/publicati ... form-flrfp
for flr extension. Could you please advise me what is the difference with your suggestion and which option is better in my case?
Switching to FLR M or FLR FP resets the ilr qualifying clock to zero and a new 5 or 10 year path.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by vinny » Sat Mar 19, 2022 10:58 am

vinny wrote:
Sat Mar 19, 2022 12:47 am
Extend under 319C.
Opps. Misread. Wrong rules. Sorry.

Interpretation:
Global Talent” means the route, or a person with permission as a lead applicant on the route, under Appendix Global Talent or as a Global Talent migrant under Appendix W of the rules in force before 1 December 2020, or as a Tier 1 (Exceptional Talent) Migrant.
Extend under GT 16.1. - GT 24.3.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Anuar
Newbie
Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Sat Mar 19, 2022 10:59 am

CR001 wrote:
Sat Mar 19, 2022 10:41 am
Anuar wrote:
Sat Mar 19, 2022 10:35 am
Thanks for the quick response. I also was recommended to follow https://www.gov.uk/government/publicati ... form-flrfp
for flr extension. Could you please advise me what is the difference with your suggestion and which option is better in my case?
Switching to FLR M or FLR FP resets the ilr qualifying clock to zero and a new 5 or 10 year path.
Thank you! This is a tricky but very crucial distinction!

Anuar
Newbie
Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Sun Mar 20, 2022 6:26 pm

vinny wrote:
Sat Mar 19, 2022 10:58 am
vinny wrote:
Sat Mar 19, 2022 12:47 am
Extend under 319C.
Opps. Misread. Wrong rules. Sorry.

Interpretation:
Global Talent” means the route, or a person with permission as a lead applicant on the route, under Appendix Global Talent or as a Global Talent migrant under Appendix W of the rules in force before 1 December 2020, or as a Tier 1 (Exceptional Talent) Migrant.
Extend under GT 16.1. - GT 24.3.
Dear Vinny,

Thanks for the clarification. I checked the submission process for dependants on the global talent route - and I noticed that my wife might need to point Global Web Form (GWF) or a Unique Application Number (UAN) of my Application. I have it in my records, of course. I am confused with the fact that my Exceptional talent visa expired already (that is why I have ILR now). Am I right, that my wife should still apply for an extension of the Global Talent dependent visa despite the fact that my Global Talent visa has already expired and I hold ILR status?

Thanks in advance!

ywlgy
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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by ywlgy » Mon Mar 21, 2022 12:03 am

Anuar wrote:
Sun Mar 20, 2022 6:26 pm
vinny wrote:
Sat Mar 19, 2022 10:58 am
vinny wrote:
Sat Mar 19, 2022 12:47 am
Extend under 319C.
Opps. Misread. Wrong rules. Sorry.

Interpretation:
Global Talent” means the route, or a person with permission as a lead applicant on the route, under Appendix Global Talent or as a Global Talent migrant under Appendix W of the rules in force before 1 December 2020, or as a Tier 1 (Exceptional Talent) Migrant.
Extend under GT 16.1. - GT 24.3.
Dear Vinny,

Thanks for the clarification. I checked the submission process for dependants on the global talent route - and I noticed that my wife might need to point Global Web Form (GWF) or a Unique Application Number (UAN) of my Application. I have it in my records, of course. I am confused with the fact that my Exceptional talent visa expired already (that is why I have ILR now). Am I right, that my wife should still apply for an extension of the Global Talent dependent visa despite the fact that my Global Talent visa has already expired and I hold ILR status?

Thanks in advance!
GT 19.1. The applicant must be the partner of a person (P) and one of the following must apply:
(a) P has permission on the Global Talent route; or
(b) P is, at the same time, applying for (and is granted) permission on the Global Talent route; or
(c) P is settled or has become a British citizen, providing P had permission on the Global Talent route and the applicant had permission as P’s partner at that time.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

Anuar
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Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Sun Mar 27, 2022 2:29 am

Dear Friends,

Thank you for the above clarifications! I followed your advice and have the following two ongoing questions regarding the extension of the Global Talent Dependent Visa
1) When I should apply for an extension for a Tier 1 Global Talent Dependent visa?
(is it any time before the current expires or not earlier than 6 months before expiration?)

2) I calculated the Health surcharge for the extension using the calculator on the gov.uk website and in my case it gave me a total number of approximately 3100 pounds. My wife needs this extension only for 1 year only (and after she will be eligible to apply for ILR ). Should we still pay all total health surcharges OR we need to pay only a part, corresponding to this one-year extension needed to apply for ILR?

Thanks in advance!

ywlgy
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Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by ywlgy » Sun Mar 27, 2022 12:35 pm

1. Any time before expiry
2. It will be a 3 year extension no matter how close she's eligible for ILR, so 3 years of IHS (3*624). It is also non-refundable once she get ILR
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

Anuar
Newbie
Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Mon Mar 28, 2022 1:03 am

ywlgy wrote:
Sun Mar 27, 2022 12:35 pm
1. Any time before expiry
2. It will be a 3 year extension no matter how close she's eligible for ILR, so 3 years of IHS (3*624). It is also non-refundable once she get ILR

Thanks a lot for your help!

Anuar
Newbie
Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Mon Mar 28, 2022 1:26 am

Just a clarification - I read different sources:

1) https://www.gov.uk/global-talent/extend-your-visa
2) https://www.immigration.uk/visas/Global_Talent_visa

and in both of them, it is stated that extension can be from 1 to 5 years. I cannot find anything about a minimum 3 years extension requirement. (maybe this minimum 3 year extension rule is true only for dependants, but I just cannot find it anywhere)

vinny
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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by vinny » Mon Mar 28, 2022 2:20 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Anuar
Newbie
Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Mon Mar 28, 2022 3:15 pm

Thanks for your advice. It is exactly what I was looking for.

Anuar
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Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Tue Mar 29, 2022 12:42 am

Dear Friends,

Following your suggestions and filling out the application form for the dependant, I have been asked to provide the main applicant's (mine as a Global Talent visa holder) BRP card number. I provided this BRP card number, but the card itself is not in my possession, because I returned it when I got my ILR. I am thinking, maybe I should have provided my ILR card number instead (at least I could send it as supportive documents).
And the second question is about the future ILR application for my wife. Will she need to use SET (O) or SET(M)? Taking into account that I have settled already, I think she will need SET (M). Am I right?


Thanks in advance!

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CR001
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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by CR001 » Tue Mar 29, 2022 5:22 am

Ilr BRP card.

Set O for her ilr.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Anuar
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Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Tue Mar 29, 2022 10:21 pm

Thanks for the help Friends.

Something strange happened with my IHS fees. I filled out all the necessary information and pointed out that my wife's visa will expire on April 2023. The system suggested then to pay 936£ (which is 624£x 1.5). In other words, instead of the 3 years (as was pointed out above), they want me to pay for 1.5 years. Could you please explain did I do something wrong? Also, this 1.5 year period will be counted from the moment of issuing a new BRP card, or from the moment the old one will expire (Apr 2023).

Thanks in advance.

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Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by zimba » Wed Mar 30, 2022 3:07 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Anuar
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Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Wed Mar 30, 2022 5:17 pm

Thanks Zimba. I read your reference and your message there:

You must pay full visa and IHS fees for three years. IHS form simply uses the end date you put in to calculate the fees. ILR holders do not have an end date for their visa, so you should put an end date that brings it to the 3 years worth of IHS

and I will put the date such that it will give 3 years of IHS in total.

Anuar
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Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Thu Mar 31, 2022 10:21 pm

I tried to change the IHS payment, but it does not provide the option for recalculating. It only suggests I pay 936£. As I understand - I need to start the whole application again. If so - I cannot see how to cancel the current application. There is no option "Withdraw this application" and following gov.uk website I need to fill this form first (https://eforms.homeoffice.gov.uk/outrea ... ments.ofml)

Could you please advise me here?

Anuar
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Posts: 37
Joined: Sun Apr 18, 2021 12:27 am
Russia

Re: Question about ILR for dependant (T1 Exceptional Talent)

Post by Anuar » Thu Mar 31, 2022 10:46 pm

Sorry, guys. I just started a new application. Problem is resolved.

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