PR dependent queries.

[bilqees]

HI,

My husband is presently on Tier-2 visa and he will apply for PR in august after completing 5 years in UK.
I am presently in UK on Tier-1 visa and I plan to apply for PR as my husband's dependent. Please note that I am not on his dependent visa right now.

Could anyone please clarify the following points:
1) Can I apply for PR as my husband's dependent though I am presently not on his dependent visa?
2) Can I apply as his dependent from within UK or do I need to go back to India to apply as his dependent?

Many Thanks,
Bilqees.

[geriatrix]

1. No.
2. From outside the UK.

[bilqees]

Thanks for the reply.
I am a bit confused.
Do you mean i cannot apply for PR as my husband's dependent?
Then which dependent visa are you referring to that i need to apply from India?

[geriatrix]

1. Yes, because to be able to apply for settlement as a dependant you must be in the UK as a dependant.
2. Entry clearance as dependant of a PBS migrant.

Given that the qualifying residence period for (new) PBS dependant(s) will increase from 2 years to 5 years from 09-Jul-12, it doesn't make sense now for you to undertake that change - depending on whether the "Tier 1" you refer to is a Tier 1 sub-category that leads to settlement and, if so, when you'll become eligible for settlement in your own right.

[bilqees]

Thanks Sushd,

I am planning to switch to my husband's dependent visa because I am not sure if I can get PR/ILR.
It would be a real help if you could review my case and advise if I can apply for PR or not.
I was granted HSMP visa with EC stamp on 31/08/2007. I entered UK on 07/10/2007. Then I got my tier-1 visa on 31/08/2009 which is valid till 31/08/2012.
For PR eligibility I must complete 5 years in UK. Keeping in mind the 28 days buffer period, I cannot apply before 9/09/2012. Thus I fall short by just 9 days.
I read the following rule sometime back but I am not sure if this rule is still valid and can be applied in my case:
"In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Please advise.

Thanks,
Bilqees.

[adi_khaneng]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 45 section 2.2. I hope this helps.

[bilqees]

1. Yes, because to be able to apply for settlement as a dependant you must be in the UK as a dependant.
2. Entry clearance as dependant of a PBS migrant.

Given that the qualifying residence period for (new) PBS dependant(s) will increase from 2 years to 5 years from 09-Jul-12, it doesn't make sense now for you to undertake that change - depending on whether the "Tier 1" you refer to is a Tier 1 sub-category that leads to settlement and, if so, when you'll become eligible for settlement in your own right.

Hi Sushd,

I want to clarify a few points here.
My husband will apply for ILR in August (in person) and I am planning to apply as a partner/spouse of a settled person after he gets ILR (really hopeful and fingers crossed!!).
According to the following link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/
I can do so from within UK.
Is that correct?

I cannot apply for ILR on my own via tier-1 settlement route because it seems I am not able to score sufficient points.

Thanks,
Bilqees.

[ajs]

1. Yes, because to be able to apply for settlement as a dependant you must be in the UK as a dependant.
2. Entry clearance as dependant of a PBS migrant.

Given that the qualifying residence period for (new) PBS dependant(s) will increase from 2 years to 5 years from 09-Jul-12, it doesn't make sense now for you to undertake that change - depending on whether the "Tier 1" you refer to is a Tier 1 sub-category that leads to settlement and, if so, when you'll become eligible for settlement in your own right.

Hi Sushd,

I want to clarify a few points here.
My husband will apply for ILR in August (in person) and I am planning to apply as a partner/spouse of a settled person after he gets ILR (really hopeful and fingers crossed!!).
According to the following link:
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/
I can do so from within UK.
Is that correct?

I cannot apply for ILR on my own via tier-1 settlement route because it seems I am not able to score sufficient points.

Thanks,
Bilqees.

You can apply for FLR(M) i.e partner/spouse of a settled person from within UK.