What the dependent (<2 years) to do when main one gets IL

[user_name]

Hi,

I would like to get your advices on how does the dependent visa work when the main person gets the ILR?

The dependent is not eligible for applying ILR at the same time with main person. The dependent's current leave will expire soon (as the main person applies for ILR just 28 days before the expiry date).

When the dependent can apply for extension (FLR)?
Or when the dependent can switch as a dependent of a settled person?

I think it is easier to explain you with an example:-
Tier 1 General main person's current leave expires on 15th September.
The dependent is not qualified for ILR (less than 2 years of stay in UK).
But the tier 1 General dependent's leave also expires on the same date - 15th September.
Tier 1 General main person is applying for ILR within 28 days of the current leave expires - lets say 01st September.

Case1:
Assume that the main person is applying by post and getting approval after two months - this will leads up to 01st November.
Q1. Can the dependent be in UK during this interval as her visa is actually valid up to 15th September only?

Case2:
Assume that the main person is applying in-person and getting approval soon.
Q2. Can the dependent apply for FLR as a dependent of settled person?
Q3. When is the latest the dependent can apply for FLR?

Please advice.

Please let me know if my questions are not clear enough.

Many Thanks.

[user_name]

Hi,

Is the switching not possible within the country under this circumstances?

Or in other words: does the dependent has to leave the country and get the entry clearance again as a dependent of a settled person?

Any advice please?

Many Thanks.

[user_name]

Any comments please.

Thank you.

[esmsi]

Is the dependent born in UK?

[user_name]

Is the dependent born in UK?

No.

Dependent is a migrant from India.

Dependent is wife of the main Tier1 person.

Main person is finishing 5 years and applying for ILR.

Dependent is short of 2 years to apply for ILR along with the main person.

[esmsi]

FAQs for ILR:


Q13 - Based on the question above, my spouse / partner does not qualify for ILR at the same time as me or is not applying at the same time as I for some reason. What application should my (dependant) spouse / partner make to extend stay in UK and apply for settlement later?
PBS dependants whose leave expires before 09-Jul-12: The spouse / partner (of PBS and non HSMP JR migrant) should switch to FLR(M) leave before his/her current leave expires or he / she travels outside the Common Travel Area (whichever occurs first). The spouse / partner may then be eligible for settlement when he / she completes 2 years in the UK including stay as dependant of HSMP / PBS migrant and stay as spouse of settled person (i.e.- on FLR(M) leave) (287(a)(i)(d) and 287(a)(i)(e)).
PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be no need for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly. On the other hand, if your current (PBS dependant) leave will expire before you complete the qualifying period then you will need to to switch to FLR(M) leave before becoming eligible to apply for settlement.

.

[user_name]

Thank you very much esmsi. It was really helpful.

The dependent has to apply FLR(M) before her current leave expires.
In my dependent's case, the expiry of current leave is same as the expiry of the main person's leave.
Main person will apply for ILR within 28 days of expiring his leave (by post).
Main person may be getting the ILR approval and the passport back after the expiry of current leave.
But the dependent has to show that the main applicant has ILR when she apply for FLR(M).
So the dependent will be ended up in filing the application after her current leave expires.

Hope you understand the scenario.

1.What to do under such circumstances?

2.Can the dependent apply together with the main person - ILR applcation by main person and FLR(M) application by the dependent (explaining the circumstances in a cover letter)?

3.Can the dependent apply for FLR(M) after the main applicant applied for ILR but before receiving the approval (explaining the circumstances in a cover letter)?

Please share your thoughts.

Many Thanks.