Question about ILR dependant

[aravindb4u]

I have a very peculiar question..This is on behalf of my friend..

His situation is that he was on HSMP+Tier 1 General and is eligible for ILR this June 2013.

He is getting married this Feb 2013 (fiancee is from India).
Fiancee will be applying for Entry clearance as Tier 1 dependant in Feb 2013.

(YES she is applying as dependant for just the sake of 4 months!!!!!)

And after 4 months in June 2013 he will be applying for ILR and his wife as ILR dependant.

In which case, he will need to write "Life in UK" test before that.
But does his wife needs to write "Life in UK" test to apply as ILR dependant???

My understanding was one will need to write to "Life in UK" test when they go for ILR and not as ILR dependant. It makes sense logically for one to learn about UK when they go for ILR and not as ILR dependant.

Dependant of an ILR holder & ILR for a dependant are two different things isnt it?

My friend says when he applies for ILR with SET(O) it asks for dependant's test details. But that is when dependant applying at the same time for ILR using SET(O) isnt it?


Hope some one will clear our confusion.

Thanks
Aravind.

[ukdreamer]

I have a very peculiar question..This is on behalf of my friend..

His situation is that he was on HSMP+Tier 1 General and is eligible for ILR this June 2013.

He is getting married this Feb 2013 (fiancee is from India).
Fiancee will be applying for Entry clearance as Tier 1 dependant in Feb 2013.

(YES she is applying as dependant for just the sake of 4 months!!!!!)

And after 4 months in June 2013 he will be applying for ILR and his wife as ILR dependant.

In which case, he will need to write "Life in UK" test before that.
But does his wife needs to write "Life in UK" test to apply as ILR dependant???

My understanding was one will need to write to "Life in UK" test when they go for ILR and not as ILR dependant. It makes sense logically for one to learn about UK when they go for ILR and not as ILR dependant.

Dependant of an ILR holder & ILR for a dependant are two different things isnt it?

My friend says when he applies for ILR with SET(O) it asks for dependant's test details. But that is when dependant applying at the same time for ILR using SET(O) isnt it?


Hope some one will clear our confusion.

Thanks
Aravind.

Hi, you have to take Life in the UK exam for any dependent above 16 years of age. Down load the application and have a look.

[wpilr_nov12]

The application form itself will ask for any test requirements. the form should be the first port of call in your friend's case.

[aravindb4u]

thanks for the reply wpilr_nov12...
so in my friend's case,

1) i know he will apply ilr using SET(O)
2) but his wife need to apply using FLR(M) isnt it?

She cant be included in SET(O) as dependant as she is not applying for "ILR as dependant". She will be applying for "Dependant visa" of an ILR holder.

AFAIK, in SET(O) we can include dependants if they are eligible for ILR too and applying at same time. Am i right?

Cheers
Aravind

[xpscapable]

I don't think you can - because the wife has not cohabit for 2 years she can't be included in the SET(O) form.

It needs to be done in a separate FLR(M) form.

[aravindb4u]

You are correct my friend can't include her wife in SET(O) as she is not applying for ILR. (eventhough as a dependant)

The problem is my friend's wife need to use FLR(M). But FLR(M) can only be applied if her current visa is issued for 6 months+.

She will getting entry clearance in Feb until June as PBS dependant.
And in June when my friend applies for ILR she can't be included in SET(O) as she is not eligible for ILR. She can't use FLR(M) as her current visa is not longer than 6 months.

So does that mean she has to go back home and apply entry clearance again?

This is getting too complicated now for a very straight forward legal marriage and dep visa....

If that is the case i feel sorry for my friend as he is already stressed with marriage responsibilities.

Cheers
Aravind.

[aravindb4u]

Can someone confirm that SET(O) can't be used by a dependant if the dependant itself is not eligible for ILR at the same time as main applicant?

And also someone confirm that FLR(M) is the right form to use and that can't be used if the applicant's existing visa is not more than 6 months?

In which case the dependant can only apply EC after the applicant gets ILR and only after taking an english test.

Am i right?

Cheers
Aravind.

[aravindb4u]

anyone plz? bit nervous...thanks

[uksettlement]

Your friends wife can apply for an extension under the current PBS category. She won't need to take any test.

[aravindb4u]

Even when my friend is applying for ILR, can she apply extension as PBS dependant?

[wpilr_nov12]

Per current rules and order of events in original post:

Your friend (T1G) marries in Feb13.
His wife applies for T1G Dependent visa, enters UK.
Your friend will apply for ILR when he is eligible.

His wife will need to complete 5 years AS HIS DEPENDENT IN UK to qualify for ILR.
Now, if her visa is valid beyond when he gets ILR, she does not need to do anything immediately. She can extend her visa when it is about to expire. That kind of extension is currently being done on PBS Dependent form, a separate category of its own.
If her visa is valid at the same time his expires, she will need to apply for extension as PBS Dependent at the same time he applies for ILR.

LIUK is currently not required for PBS Dependent extensions or applcations.

[aravindb4u]

Thanks for the clarification.. :-) problem solved