Query with dependent visa while applying ILR

cheers2boss · Post by **cheers2boss** » Wed Nov 25, 2009 11:37 am

Hi Friends,

What would happen to the dependents with dependent visa when I switch to ILR? As my dependents (wife/kid) haven't completed 2 years in UK, so was curious to know what would happen to their existing dependent visa, will it still be valid?

goody09 · Post by **goody09** » Wed Nov 25, 2009 11:45 am

Hi

what route your ILR will based on?

cheers2boss · Post by **cheers2boss** » Wed Nov 25, 2009 10:31 pm

My ILR would be based on WP+Tier1

goody09 · Post by **goody09** » Thu Nov 26, 2009 11:48 am

hi there,

did your depenednts eneterd UK at the first as a WP dependent, if yes you can include them in your application for ILR as long as they passed the life in the UK test, good luck

hsmp2tier1 · Post by **hsmp2tier1** » Thu Nov 26, 2009 3:50 pm

goody09 wrote: did your depenednts eneterd UK at the first as a WP dependent, if yes you can include them in your application for ILR as long as they passed the life in the UK test, good luck

Goody09, Is there any doc which mentions what you have said ? I'm asking because my spouse entered the UK with me as WP dependant. After 14 months she switched to her own WP. I'm on Tier 1 and eligible for ILR soon. If she switches as Tier 1 dependant then can she apply with me after 10 months ? I got a HO reply that she can not but based on your info she can unless I'm missing something here.

cheers2boss · Post by **cheers2boss** » Sun Dec 06, 2009 6:47 pm

Seniors, could someone please clarify? This isn't mentioned anywhere.

I have completed 5 years in UK (3 yrs 11 months on Work permit plus 1 year 1 month on Tier 1) and my dependants have entered UK 3 months ago on Tier1 dependant visa. So if I switch to ILR what would happen to my wife's Tier 1 dependent visa. Will it still be valid or do I need to apply for any other visa for her? I would be applying ILR for my kid along with me.

cheers2boss · Post by **cheers2boss** » Sat Dec 12, 2009 9:46 pm

322 view and just 3 responses, seniors could you please clarify my question....anyone please...

kchakravarthi · Post by **kchakravarthi** » Sat Dec 12, 2009 11:53 pm

Hi cheers2boss!, I have the same case but i dont have a kid. Set(O) is enough for your dependents. Just fill the form and pay Â£1070. My wife joined me 5 months back as HSMP dependent visa from India and as i was applying for ILR-JR, i incl her name as dependent in set(o) form and submitted. They did not ask even a marriage certificate(but its better if u carry one). we both got ILR the same day! all the best

Post by **vinny** » Sun Dec 13, 2009 12:31 am

If they have leave as your tier 1 dependants, then they should be able to apply for ILR with you (319E & 319J).

cheers2boss · Post by **cheers2boss** » Sun Dec 13, 2009 2:41 pm

Hi Vinny,kchakravarthi

Thanks for responding. I am getting confused now because as per the guidelines which Vinny pointed out it says

319E.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

So if my wife doesn't satisfy this 2 year condition how would she be eligible for ILR as dependent. Just want to clarify.

That was the reason for me to raise this question in this thread as to what would happen if I switch to ILR.

Also kchakravarthi is this rule relaxed for applying ILR via HSMP-JR candidates or for anyone from Tier1 as well? Really happy to hear that your wife also got ILR at the same time as you even though she came to UKa just 5 months go.

cheers2boss · Post by **cheers2boss** » Sun Dec 13, 2009 8:27 pm

Hi Vinny,

I have completed 5 years in UK (3 yrs 11 months on Work permit plus 1 year 1 month on Tier 1) and my dependants have entered UK 3 months ago on Tier1 dependant visa. My wife's visa was issued on 25th Aug 2009 and she came to UK on 11 Sep 2009. So far she has spent only 3 months with me in UK. So if I switch to ILR what would happen to my wife's Tier 1 dependent visa. Will it still be valid or do I need to apply for any other visa for her? I would be applying ILR for my kid along with me.

Post by **vinny** » Mon Dec 14, 2009 12:19 am

She may need to switch to FLR(M) after you are granted ILR? Unless perhaps if she has dependant leave until she satisfies her two years? I'm not sure.

cheers2boss · Post by **cheers2boss** » Sat Dec 19, 2009 10:04 pm

Hi,

My wife current Tier -1 dependent visa is valid till Oct 2011 and she will finish her 2 years of stay in UK on this visa on 11Sept2011. So in this case is it ok for her to continue to be on Tier1 visa even though I swtich to ILR?

gd_chandrasekar · Post by **gd_chandrasekar** » Thu Jan 28, 2010 9:36 am

Hi cheers2boss

Even i have same issue as your, came to UK in WP, then switched to HSMP and then recently extended to Tier 1 General, which is valid t ill Jan 2013.

Recently got married and got visa for my Wife as Tier 1 Dependent (which is valid till Jan 2013). I will be applying in July for ILR, by the time my wife would have spent only 7 months in UK.

I checked the FLR(m) (link below) it says that i need to apply for FLR(m) for my wife "before the end of your current permission to stay in the UK" .

Since the current Tier 1 General dependent visa is valid till Jan 2013, I think I dont need to apply FLM(m) for her .

Could you pls let me know wheather my above understanding is correct? If not what is the correct policy/rule?

http://www.ukba.homeoffice.gov.uk/ukres ... pe/flr(m)/

Thanks in advance
Chandra

kchakravarthi · Post by **kchakravarthi** » Thu Jan 28, 2010 11:00 am

i think FLR(m) is required when you already have ILR. Its a spouse visa.
whereas if you don't have ILR then you bring your wife as dependent and then you both can apply for ILR together. thats what i have done. I don't think this rule is exception to HSMP JR case. Infact when i applied in set(o) form i was not even ware of flr(m) form, i simply filled in the dependents in the set(o) form and went ahead. i never got such doubts neither the case worker. hope this clarifies

diago_nelson · Post by **diago_nelson** » Thu Jan 28, 2010 11:41 am

I also have a similar problem.
But solictiors have advised that I need to apply for "Spouse visa" for my wife, if I get ILR, even though the visa is valid till Sep 2011.
The Tier1 dependent visa (of Wife) is no longer valid as soon as I change my status to ILR.

kchakravarthi wrote:i think FLR(m) is required when you already have ILR. Its a spouse visa.
whereas if you don't have ILR then you bring your wife as dependent and then you both can apply for ILR together. thats what i have done. I don't think this rule is exception to HSMP JR case. Infact when i applied in set(o) form i was not even ware of flr(m) form, i simply filled in the dependents in the set(o) form and went ahead. i never got such doubts neither the case worker. hope this clarifies

Post by **geriatrix** » Thu Jan 28, 2010 1:00 pm

kchakravarthi wrote:My wife joined me 5 months back as HSMP dependent visa from India and as i was applying for ILR-JR, i incl her name as dependent in set(o) form and submitted. They did not ask even a marriage certificate(but its better if u carry one). we both got ILR the same day! all the best

I and my partner are in UK on our own respective HSMPs but only one of us is covered by the ILR JR. One ILR is due in Apr'10 (JR) and the other in Feb'12. We are exploring if one of us due for ILR in Feb'12 can change to dependent category (by EC from home country) and apply for ILR at the same time in Apr'10 - as it is becoming evidently clear now through recent successful ILR cases such as yours that the "2 year residency requirement" is not applicable for dependents of HSMP migrants covered by JR. If we do go this route, then in our case the dependent would be applying for ILR within 1-2 months of becoming a dependent!!!

Grateful if you could help me with the following queries:
1. When did your wife make the EC application (month)?
2. When your wife applied for entry clearance from India, did she have to meet the Tier 1 (General) dependent qualifying criteria (e.g. - maintenance funds) and pay the Tier 1 dependent fee?
3. Did you mention anywhere (on form / through cover letter) specifically that your wife is applying as a dependent of a HSMP migrant and not a Tier 1 (General) / PBS migrant, and that the EC application should be assessed accordingly?

regards

gd_chandrasekar · Post by **gd_chandrasekar** » Thu Jan 28, 2010 3:06 pm

Hi diago

In the UKBA link, it says that

"You should use form FLR(M) if you already have temporary permission to stay in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a permanent resident."

You must be in the UK to apply.

You must apply before the end of your current permission to stay in the UK.

so if we go by the above I think we dont need to apply FLR(m) for dependent immedately after the main applicant gets ILR.

http://www.ukba.homeoffice.gov.uk/ukres ... pe/flr(m)/

kchakravarthi · Post by **kchakravarthi** » Thu Jan 28, 2010 5:54 pm

1. in india just 5 months before we got ILR
2. No, she applied as HSMP dependent vaf2 form
3. she applied on the vaf2 form which itself is for dependents.
i suggest take a look at the form.

in your case im not sure if its possible to convert as dependent as both of you already have hsmp, they may ask why does you need it?. but you can try.

Post by **geriatrix** » Thu Jan 28, 2010 6:13 pm

kchakravarthi wrote:1. in india just 5 months before we got ILR

That would be July / Aug 2009 I guess, thanks!

kchakravarthi wrote:2. No, she applied as HSMP dependent vaf2 form
3. she applied on the vaf2 form which itself is for dependents.
i suggest take a look at the form.

Thanks! VAF2 is for employemt purposes as well (e.g.- erstwhile WP, ancestory etc.) but was also used for dependent applications (under HSMP, WP, ancestory etc.). VAF10 is solely for dependents - but under the Tier / PBS scheme.

I had emailed the North and South branches of VFS to check which form we will need and the application fee. One of them replied saying VAF2 (fee 17K something) and the other branch said VAF10 (fee - 54K something)!

kchakravarthi wrote:in your case im not sure if its possible to convert as dependent as both of you already have hsmp, they may ask why does you need it?. but you can try.

This can be done. There isn't anything in the law that prevents someone from changing from main to dependent. But yes, this change has to be done from outside UK (no switching from within UK allowed).

Thanks for the info.

regards

diago_nelson · Post by **diago_nelson** » Thu Jan 28, 2010 11:20 pm

@ gd_chandrasekar:
My case is that my wife will be in home country, when I will get my ILR.
So the clause "You must be in the UK to apply." does not apply for me.
Even though she has completed more than 2 years in UK.

She will have to apply for spouse visa

gd_chandrasekar wrote:Hi diago

In the UKBA link, it says that

"You should use form FLR(M) if you already have temporary permission to stay in the UK as the husband, wife, civil partner or unmarried/same-gender partner of a permanent resident."

You must be in the UK to apply.

You must apply before the end of your current permission to stay in the UK.

so if we go by the above I think we dont need to apply FLR(m) for dependent immedately after the main applicant gets ILR.

http://www.ukba.homeoffice.gov.uk/ukres ... pe/flr(m)/

smartsarath2003 · Post by **smartsarath2003** » Thu Apr 15, 2010 12:16 pm

Hi,
I have similar sort of issue: Using Set(O) form for Indefinite leave to remain(ILR) for me and my wife

I have spent 5 years in WP+HSMP+Tier1.
My wife entered UK as HSMP dependent in Jan2009 (1year 3months in UK to date).
At present I am on Tier1 and my wife is on Tier1 dependent.

My question is can I use Set(O) form for ILR and include my wife as dependent.

I had conflicting messages from my friends as some say Yes and some say No, as she has to wait to complte 2 years in UK and apply individually on Set(M) form.

Can somebody help!! Can i include my wife on my Set(O) form and apply together.

many thanks in advance
smartsarath2003

gd_chandrasekar · Post by **gd_chandrasekar** » Sun Jul 04, 2010 8:32 pm

Hi sarath

did you got any info on this? I need to book appointment now. dont know whether to book family or just myself. My wife has not completed 2yrs, she is on tier 1 dependend.

Thanks

smartsarath2003 wrote:Hi,
I have similar sort of issue: Using Set(O) form for Indefinite leave to remain(ILR) for me and my wife

I have spent 5 years in WP+HSMP+Tier1.
My wife entered UK as HSMP dependent in Jan2009 (1year 3months in UK to date).
At present I am on Tier1 and my wife is on Tier1 dependent.

My question is can I use Set(O) form for ILR and include my wife as dependent.

I had conflicting messages from my friends as some say Yes and some say No, as she has to wait to complte 2 years in UK and apply individually on Set(M) form.

Can somebody help!! Can i include my wife on my Set(O) form and apply together.

many thanks in advance
smartsarath2003

Post by **vinny** » Mon Jul 05, 2010 12:33 am

I think your Tier 1 dependant wife would need to spend a minimum period of two years in the UK before qualifying for settlement (319E(d)), unless you are affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009 (settlement in the UK).

When you apply for settlement, I believe that she may switch to FLR(M) and subsequently apply for SET(M) (287(a)(i)(d)).

gd_chandrasekar · Post by **gd_chandrasekar** » Mon Jul 05, 2010 11:59 am

Hi

Thats my doubt, can we both apply together so that i will get PR and she get a switch from tier-1 dependend to FLR(m).

because otherwise i need to apply for me and spend Â£ 1000+ and again apply FLR(m) for her and spend another Â£1000+.. thats tooo much for me. or for anyone.

Thanks

vinny wrote:I think your Tier 1 dependant wife would need to spend a minimum period of two years in the UK before qualifying for settlement (319E(d)), unless you are affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009 (settlement in the UK).

When you apply for settlement, I believe that she may switch to FLR(M) and subsequently apply for SET(M) (287(a)(i)(d)).

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Query with dependent visa while applying ILR

Query with dependent visa while applying ILR