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Dependents Time spent for ILR

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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akap12
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Posts: 47
Joined: Tue May 23, 2017 2:23 am
United Kingdom

Dependents Time spent for ILR

Post by akap12 » Thu Dec 07, 2023 11:50 pm

Hi everyone,
My wife came to the UK as PBS (Tier 1) partner in early 2022.
We both applied for our visas in late 2022: I applied for my ILR and she applied for a 3 year dependent extension. I got my ILR in April 2023 and she got granted her extension in the same month.

My questions here are:
1) Will my wife's time as my pbs tier 1 dependent count towards her ilr (even though i was still a tier 1 migrant)? Does this mean she can apply for her ilr in 2027 or is her time counted only after i had received my ilr meaning she will have to wait till 2028?
2) Will the new immigration rules coming into play in 2024 affect us in any form? :shock:

From my previous help (from mods :D ) i know the next step is to extend her pbs dependent visa when the time comes but i wanted to know whether her qualifying time would be sooner rather than later.

Thanks again :)

HappyChap2021
Newbie
Posts: 44
Joined: Sat Sep 11, 2021 1:18 pm
Argentina

Re: Dependents Time spent for ILR

Post by HappyChap2021 » Fri Dec 08, 2023 2:57 pm

i dont think there is any effect of the 2024 new immigration rules on the T1 visa? or do you have different info.

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zimba
Moderator
Posts: 20773
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Dependents Time spent for ILR

Post by zimba » Fri Dec 08, 2023 3:52 pm

1. The Tier 1E route has a final deadline for ILR only for Main visa holders. Dependents can extend and get ILR when they complete their 5 years
2. Immigration rules are always subject to change. No new rules have been announced yet, so nothing is known yet. You will have to wait and see.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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marcnath
Moderator
Posts: 6488
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Dependents Time spent for ILR

Post by marcnath » Fri Dec 08, 2023 4:54 pm

akap12 wrote:
Thu Dec 07, 2023 11:50 pm
Hi everyone,
My wife came to the UK as PBS (Tier 1) partner in early 2022.
We both applied for our visas in late 2022: I applied for my ILR and she applied for a 3 year dependent extension. I got my ILR in April 2023 and she got granted her extension in the same month.

My questions here are:
1) Will my wife's time as my pbs tier 1 dependent count towards her ilr (even though i was still a tier 1 migrant)? Does this mean she can apply for her ilr in 2027 or is her time counted only after i had received my ilr meaning she will have to wait till 2028?
2) Will the new immigration rules coming into play in 2024 affect us in any form? :shock:

From my previous help (from mods :D ) i know the next step is to extend her pbs dependent visa when the time comes but i wanted to know whether her qualifying time would be sooner rather than later.

Thanks again :)
1) Depends on what extension your wife took. I hope you applied for PBS dependant visa for her in April 2023. If so, then the period will continue to be counted.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

HappyChap2021
Newbie
Posts: 44
Joined: Sat Sep 11, 2021 1:18 pm
Argentina

Re: Dependents Time spent for ILR

Post by HappyChap2021 » Sat Jan 20, 2024 9:41 am

Hello Zimba,
Does point 1 below mean a dependent apply for extension even if the deadlline has passed for main applicant and he did not apply for ILR?
Example: Main applicant has to apply by December 2024 (expiry of the first two year extension). Dependent Leave to remain (the first 2 year extension) expires December 2024.
Can this dependent apply for another extension (say in November 2024) for 2 years, although the deadline for ILR application for main applicant has passed?
zimba wrote:
Fri Dec 08, 2023 3:52 pm
1. The Tier 1E route has a final deadline for ILR only for Main visa holders. Dependents can extend and get ILR when they complete their 5 years
2. Immigration rules are always subject to change. No new rules have been announced yet, so nothing is known yet. You will have to wait and see.

User avatar
zimba
Moderator
Posts: 20773
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Dependents Time spent for ILR

Post by zimba » Sat Jan 20, 2024 2:29 pm

Dependat visa is granted in line with the main applicant's status. If the main applicant does not apply for ILR before the deadline, then the dependent cannot get a new visa. If the main applicant secures ILR, then there is no restriction or deadline for a dependant's extension
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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