Does Tier 1 extension inside UK with dependant affect ILR

vishnu123 · Post by **vishnu123** » Wed Aug 08, 2012 4:22 pm

Dear Members

I am currently on Tier 1, My wife is planning to go to India for delivery in Dec/2012, So if I extend both of our visa now, is she eligible for 2 yrs period to apply ILR or 5yr rule?

(i) If the applicant was granted leave as the Partner of the Relevant Points Based
System Migrant under the Rules in place before 9 July 2012, and since then has
had continuous leave as the Partner of the Relevant Points Based System
Migrant, the specified period is at least 2 years.

Some people say because visa will be extended after 9th July it is 5yr rule, and this http://immigrationboards.com/viewtopic.php?t=62853 post says its only for dependant applying ENTRY CLERANCE after 9th July.

Please could someone clarify on this?

Thanks in advance.

Could some th

layman · Post by **layman** » Wed Aug 08, 2012 4:28 pm

5 yrs is only for dependants applying for Entry clearance after 9th July 2012

The information here states

If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

vishnu123 · Post by **vishnu123** » Wed Aug 08, 2012 5:04 pm

layman wrote: If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

Thanks for your reply. Got confused, as the link does not say anything about the ENTRY CLEARENCE. So the dependant can apply for her extension inside UK after 9th July and still eligible for 2yr rule?

Thanks.

vishnu123 · Post by **vishnu123** » Thu Aug 09, 2012 9:22 am

layman wrote: If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

The quote from the UKBA site says "spouse or partner of a settled person" but I have only Tier 1 (General) visa. So it means that either new ENTRY CLEARENCE or EXTENSION for my dependant after 9th July will have to under 5 yr rule?

Did I understand the rules correctly? Could someone help me?

gaurav76.5 · Post by **gaurav76.5** » Thu Aug 09, 2012 11:08 am

your visa is being extended..its not the application for the first time....so a 2yr rule would be applicable...

vishnu123 · Post by **vishnu123** » Thu Aug 09, 2012 12:33 pm

gaurav76.5 wrote:your visa is being extended..its not the application for the first time....so a 2yr rule would be applicable...

Thanks Gaurav.

But, does settled person mean its an ILR holder or a Tier 1 holder?

gaurav76.5 · Post by **gaurav76.5** » Thu Aug 09, 2012 12:35 pm

settled means..ILR holder...

vishnu123 · Post by **vishnu123** » Thu Aug 09, 2012 12:44 pm

gaurav76.5 wrote:settled means..ILR holder...

If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

So the above quote from UKBA website says, any EXTENSION/ENTRY CLEARANCE after 9th July will have to be under 5yr rule?

Correct me if I am wrong. Thanks.

gaurav76.5 · Post by **gaurav76.5** » Thu Aug 09, 2012 2:16 pm

its only only for entry clearance not extension...

vishnu123 · Post by **vishnu123** » Thu Aug 09, 2012 2:39 pm

gaurav76.5 wrote:its only only for entry clearance not extension...

Understood. Thanks a lot.

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Does Tier 1 extension inside UK with dependant affect ILR

Does Tier 1 extension inside UK with dependant affect ILR