Confusion about dependent

[josh007]

Hi everybody,I have already applied for ILR on the basis of 10 yrs rules 4 weeks ago.I have got student visa for another 1 year.but my college closed after I applied.according to tier4 rules they will limit my visa to 60 days.my question is: 1. Will they limit my dependents visa as well? 2.when should I apply for my dependent ? 3.will there be any effect on my ILR application because my college is closed?can i have your suggestion especially about my dependent.thank you.

[Lucapooka]

Your partner's leave is tied to yours so if you have 60 days then so does she but don't worry about her going over that time while waiting for the outcome of your SET(O) application. If you are granted ILR, your dependant must apply for for leave to remain on FLR(M). She needs to do this if she wants to apply for ILR herself when she becomes eligible. How long have you been married and how long has she been in the UK?

[josh007]

She is in UK for last four years as my dependent.I'm worried her status will be illegal after 60 days( HO hasn't sent me any letters but my college is closed and not on register).shall I send her FLR(m) before 60 days ?

[Greenie]

Your partner's leave is tied to yours so if you have 60 days then so does she but don't worry about her going over that time while waiting for the outcome of your SET(O) application. If you are granted ILR, your dependant must apply for for leave to remain on FLR(M). She needs to do this if she wants to apply for ILR herself when she becomes eligible. How long have you been married and how long has she been in the UK?

I disagree with this. If they do limit their leave to 60 days, OP will be OK because he will benefit from 3C leave, but his wife will not - if OP's application is not decided before his wife's leave expires then she should submit an FLR(M) and ask them to consider it once they have considered his SET(O). She shouldn't wait until OP's application has been granted if this means she will overstay

In practice, UKBA usually take quite a few months to curtail leave although this may be different in the case of a college coming off the register as opposed to a student leaving a course.

[Greenie]

She is in UK for last four years as my dependent.I'm worried her status will be illegal after 60 days( HO hasn't sent me any letters but my college is closed and not on register).shall I send her FLR(m) before 60 days ?

UKBA will write to you at your last known address - do they have your current address?

They are unlikely to curtail the leave straight away although usually once they get round to doing it, if the 60 days has already passed they will curtail it from the date of decision although this will attract a right of appeal so she wouldn't immediately become an overstayer. In practice they can take months to do but it might be a good idea for your wife to submit an FLR(M) and ask them to consider it after your SET(O) has been considered. Seek legal advice.

[vinny]

She should apply for FLR(M) before her leave expires, or before it's curtailed, or before she travels, whichever is sooner.

[josh007]

Thank you everybody,it's been about 25 days my college is missing from register.HO have got my current adress but haven't send me any letter to curtail my visa.now what I'm thinking is wait for another 30 days,if I don't get my ILR or any letter to curtail my visa I'll send the FLR(m).is it a good idea or I can wait until I get letter from them curtailing my visa or my ILR ?

[Lucapooka]

It's quite confusing but it says that you will be informed by the UKBA and given 60 days. Wait until your are notified by the UKBA, then you will be given 60 days from the date of that notice. I would not assume that the 60 days has already begun and is counting down.

[Greenie]

Wait until your are notified by the UKBA, then you will be given 60 days from the date of that notice. I would not assume that the 60 days has already begun and is counting down.

i have seen a number of curtailment letters issued after the 60 days where the visa has been curtailed to the date of decision-i.e. Not the date of decision plus 60 days. Op 's wife needs to make an application anyway so in my opinion it would be wise to submit the application before the 60 days.
Op should seek legal advice.

[Lucapooka]

I know what you are saying and it's really not very clear but it seems very harsh to start the 60 days from the time the sponsor's licence is revoked if there is then a long delay in the UKBA notification letter being sent to those student affected by this.

[Greenie]

I know what you are saying and it's really not very clear but it seems very harsh to start the 60 days from the time the sponsor's licence is revoked if there is then a long delay in the UKBA notification letter being sent to those student affected by this.

I agree it would be harsh and admittedly the curtailments i have seen are for individual students reported by the tier 4 sponsor issued some months after the report. There is a risk though hence my advice.

[josh007]

Thank you,if anybody else has got any idea/information please post here.It is very helpful to me and might be helpful to somebody with similar situation.

[josh007]

Hi everybody,I'm back with my problem again.I called home office inquiry line today and already talked with a solicitor,both of them told me I can send my wife's application after I get my ILR .