Tier 1 - Depenent Qualify Period For ILR?

rubina20102010 · Post by **rubina20102010** » Wed Apr 13, 2011 5:58 pm

Dear All,

I would like to ask very simple question. I understand that Tier 1 main applicant has to spend 4 years 11 months (Now new rules does allow 3 month flexibility period) in order to get ILR. What about Tier1-dependent qualify period? How much they have to spend to get ILR?

Thanks in advance,
Rubiana

Post by **geriatrix** » Wed Apr 13, 2011 6:09 pm

At least 2 years.

319E wrote:(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.

rubina20102010 · Post by **rubina20102010** » Wed Apr 13, 2011 6:26 pm

sushdmehta wrote:At least 2 years.

319E wrote:(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.

Thanks for your prompt reply. My question is that If Tier 1 main applicant get ILR and his/her dependent doesn't quality for ILR at that time then what about dependent status ?
Do they have to apply for ILR dependent later ? What the process ?

Post by **geriatrix** » Wed Apr 13, 2011 10:41 pm

Applying as a husband, wife or civil partner from inside the UK

See also ILR-dependant and Switching from Tier 1 Dependent to Spouse visa

rubina20102010 · Post by **rubina20102010** » Thu Apr 14, 2011 11:42 pm

sushdmehta wrote:Applying as a husband, wife or civil partner from inside the UK

See also ILR-dependant and Switching from Tier 1 Dependent to Spouse visa

Thanks for your reply. Well, Tier 1 main applicant has 3 months flexable period. What about Tier1 dependent? Do they have any kind of flexability ?

Post by **vinny** » Fri Apr 15, 2011 12:53 am

2 years is already more flexible than 5 years.

rubina20102010 · Post by **rubina20102010** » Fri Apr 15, 2011 11:22 am

vinny wrote:2 years is already more flexible than 5 years.

Dear, I am bit confuse . If would really appreciate if you could explain me.

Our current leave have same expiry date. When my visa get expiry at that time Iâ€™ll apply ILR. That fine.
At that time what about my husbandâ€™s application? Mean, Does my husband need to leave UK before get his leave expire? Or does he can apply for ILR dependent in country? Whatâ€™ll be the process?

Many thanks,
Rubi

rubina20102010 · Post by **rubina20102010** » Sun Apr 17, 2011 3:46 pm

rubina20102010 wrote:
vinny wrote:2 years is already more flexible than 5 years.
Dear, I am bit confuse . If would really appreciate if you could explain me.

Our current leave have same expiry date. When my visa get expiry at that time Iâ€™ll apply ILR. That fine.
At that time what about my husbandâ€™s application? Mean, Does my husband need to leave UK before get his leave expire? Or does he can apply for ILR dependent in country? Whatâ€™ll be the process?

Many thanks,
Rubi

Please reply me.....

thanks in advance

Post by **vinny** » Sun Apr 17, 2011 4:02 pm

When did your husband initially enter the UK to live with you?
When did you enter the UK and in what category?
When will your leave expire?

rubina20102010 · Post by **rubina20102010** » Mon Apr 18, 2011 9:31 am

vinny wrote:When did your husband initially enter the UK to live with you?
When did you enter the UK and in what category?
When will your leave expire?

1) He is in Pakistan, He didn't get UK yet. He has valid Tier 1 dependent visa till MArch 2013. He got his visa in last month.

2) I came to UK in March 2008 on HSMP and on I am on Tier 1 valid till March 2013.

3) March 2013.

rubina20102010 · Post by **rubina20102010** » Tue Apr 19, 2011 12:39 pm

vinny wrote:When did your husband initially enter the UK to live with you?
When did you enter the UK and in what category?
When will your leave expire?

Please reply me......

Post by **geriatrix** » Tue Apr 19, 2011 1:45 pm

If, at the time of your settlement application, your husband will not have lived in UK with you for at least 2 years then he will not be eligible for settlement (as your dependant) at the same time as you.

The "flexibility" of entering UK within 3 months of issue date of visa does not apply to a dependant. To be eligible for settlement at the same time as the main migrant, the dependant must have lived in the UK for at least 2 years at the time of such application.

Else, before the dependant's leave expires, the dependant may have the following options:
1. Dependant leaves UK, or
2. Provided main migrant has been granted settlement, dependant submits a leave to remain application as spouse of settled person, or
3. Main migrant applies for extension of PBS leave and includes the dependant in such application.

Post by **vinny** » Tue Apr 19, 2011 2:07 pm

Or,
4. If dependent's leave is soon expiring, then suggest dependant make the FLR(M) application together with the main applicant's ILR application.

rubina20102010 · Post by **rubina20102010** » Tue Apr 19, 2011 11:51 pm

sushdmehta wrote:If, at the time of your settlement application, your husband will not have lived in UK with you for at least 2 years then he will not be eligible for settlement (as your dependant) at the same time as you.

The "flexibility" of entering UK within 3 months of issue date of visa does not apply to a dependant. To be eligible for settlement at the same time as the main migrant, the dependant must have lived in the UK for at least 2 years at the time of such application.

Else, before the dependant's leave expires, the dependant may have the following options:
1. Dependant leaves UK, or
2. Provided main migrant has been granted settlement, dependant submits a leave to remain application as spouse of settled person, or
3. Main migrant applies for extension of PBS leave and includes the dependant in such application.

Hi sushdmehta,

Thanks for your reply in detail.......Just a quick question regarding point 2.
In that case first I've to get ILR then my husband will apply for spouse visa? But in this scenario when Iâ€™ll apply for ILR at that time what about my husband visa status as he has same expiry date.
Should we apply together, mean Iâ€™ll apply ILR visa along with my husband ILR dependent application? Does this make scene ?

Many many thanks in advance
Rubi

rubina20102010 · Post by **rubina20102010** » Thu Apr 21, 2011 2:13 pm

sushdmehta wrote:If, at the time of your settlement application, your husband will not have lived in UK with you for at least 2 years then he will not be eligible for settlement (as your dependant) at the same time as you.

The "flexibility" of entering UK within 3 months of issue date of visa does not apply to a dependant. To be eligible for settlement at the same time as the main migrant, the dependant must have lived in the UK for at least 2 years at the time of such application.

Else, before the dependant's leave expires, the dependant may have the following options:
1. Dependant leaves UK, or
2. Provided main migrant has been granted settlement, dependant submits a leave to remain application as spouse of settled person, or
3. Main migrant applies for extension of PBS leave and includes the dependant in such application.

PLEASE reply meee....thanks in advance.........PLEASE

Post by **geriatrix** » Thu Apr 21, 2011 3:40 pm

rubina20102010 wrote:Should we apply together, mean Iâ€™ll apply ILR visa along with my husband ILR dependent application? Does this make scene ?

It does, and that is exactly what Vinny has suggested.

vinny wrote:Or,
4. If dependent's leave is soon expiring, then suggest dependant make the FLR(M) application together with the main applicant's ILR application.

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Tier 1 - Depenent Qualify Period For ILR?

Tier 1 - Depenent Qualify Period For ILR?