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Change in Visa Category?

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1664
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Joined: Sat Mar 01, 2008 5:07 pm

Change in Visa Category?

Post by 1664 » Thu May 13, 2010 2:54 pm

Hi All

I have just been granted ILR under the HSMP (JR). Before this I was on Tier 1 (G) and was my wife as a Tier 1 (G) dependent.

Since I now have been granted ILR does she need to change her visa category? Or can she continue being a Tier 1 (G) dependent and apply for her ILR in May 2011 (Which is when she completes her 2 years)?

Thank you.
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vinny
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Posts: 33285
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun May 16, 2010 12:20 am

319E doesn't seem to be applicable any more.

I think that she may switch (284(i)) and subsequently apply for settlement (287(a)(i)(d)).
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.
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gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Sun May 16, 2010 4:41 pm

Dear Vinny,
Can you please confirm about a similar situation for me:

I now have ILR( Apr 2010) following 5 yr stay as HSMP. One of my child who entered UK along with me as an over 18 yr old, still has valid resident permit until 2011 as dependent of tier 1 category ( like I did until I got ILR) was unable to apply with me for ILR.

UKBA on phone has advised me that she now needs to apply on SET (F) and not SET O . Obviously this costs more with a bit of different paperwork and can only do so by post, plus also involves sending my own passport as well.

Can you please advise if this is the correct route for her now?

Many thanks
Best regards
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vinny
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Posts: 33285
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon May 17, 2010 12:28 am

Guide SET(O) - to be used on or after 7 April 2010 wrote:If your only dependants are children under 18 and they do not qualify under the long residence rules, they may apply for indefinite leave to remain as a child of a person present and settled in the UK on form SET(F). Each child would have to apply and pay separately. Any child over 18 wanting to apply as your dependant would also have to apply and pay separately on SET(F).
Why didn't she apply at the same time as you did?
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.
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gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Mon May 17, 2010 7:55 am

Hi Vinny,
Thanks for your response. I had an appointment booked for her on the same day, she is on a highly intensive PhD programme and just coudnt get away on that day, I submitted a letter of apology at the PEO and they only said she would have to take another appointment or apply by post.
UKBA on phone next day told me that she should now apply by post on SET F forms as I had got ILR. Is there another way out?
Best regards
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