Query on Dependents ILR applying separately

dk2011 · Post by **dk2011** » Thu Jul 18, 2013 10:58 am

Hi ,
I have recently got ILR (WP+Tier2: 5 years route)
My wife came into UK as WP dependent in Nov 2009.
Extended her WP dependent visa to Tier2ICT dependent in Dec 2009 and leave were granted until December 2012.
She was out of UK between December 2010 to May 2012(Reason: Maternity , Total absence 526 days).
She came back in May 2012 and applied for Tier2 dependent extension visa in December and leave had been granted until November 2015.
As <=180 days rule is broken for my wife I have got below queries
If I apply for my wife and kid on the same form(SET(O),Category:PBS Dependent) making my wife as main applicant and my kid as her dependent what will be the outcome of my kid’s ILR application if wife’s ILR isn’t successful?
To be in safer side do i need to use two different SET(O) form ?
I have searched the forum diligently and this question is un-answered. I request all expert/ gurus to please help answer this.
Thanks in advance !

dk2011 · Post by **dk2011** » Thu Jul 18, 2013 3:11 pm

Hi Experts ,
Please help on this .
Thanks

Post by **Amber** » Thu Jul 18, 2013 3:19 pm

What 180 day rule?

Although there is no absence limit for set(o) - pbs deps, if we follow set(m), the absences should be limited and for good reason, one could argue that the absences were limited and for good reason (cultural and family for maternity).

Ishwarch · Post by **Ishwarch** » Thu Jul 18, 2013 4:56 pm

I have got my dependents ILR success in Cryodon.
I got ILR on May 3rd 2013 Through (WP+Tier2)

I have applied for my dependents seperately. I used SET (O).
My wife had 2 absences of 300 (July 2009-May 2010) & 335 (Jul 2011-Jun 2012) days.

first absence I given reason as "was with family and husband was working in India (i.e. I worked in India for 5 1/2 months)".
second Absence I have provided birth certificate.

Hope this helps you.

dk2011 · Post by **dk2011** » Thu Jul 18, 2013 5:07 pm

Ishwarch wrote:I have got my dependents ILR success in Cryodon.
I got ILR on May 3rd 2013 Through (WP+Tier2)

I have applied for my dependents seperately. I used SET (O).
My wife had 2 absences of 300 (July 2009-May 2010) & 335 (Jul 2011-Jun 2012) days.

first absence I given reason as "was with family and husband was working in India (i.e. I worked in India for 5 1/2 months)".
second Absence I have provided birth certificate.

Hope this helps you.

Thanks a lot ! It is really helpful.

dk2011 · Post by **dk2011** » Thu Jul 18, 2013 5:08 pm

D4109125 wrote:What 180 day rule?

Although there is no absence limit for set(o) - pbs deps, if we follow set(m), the absences should be limited and for good reason, one could argue that the absences were limited and for good reason (cultural and family for maternity).

Thanks Amber.

Post by **Amber** » Thu Jul 18, 2013 5:33 pm

Sounds fine, employment should be a good reason as should maternity.

dk2011 · Post by **dk2011** » Thu Jul 18, 2013 6:42 pm

Ishwarch wrote:I have got my dependents ILR success in Cryodon.
I got ILR on May 3rd 2013 Through (WP+Tier2)

I have applied for my dependents seperately. I used SET (O).
My wife had 2 absences of 300 (July 2009-May 2010) & 335 (Jul 2011-Jun 2012) days.

first absence I given reason as "was with family and husband was working in India (i.e. I worked in India for 5 1/2 months)".
second Absence I have provided birth certificate.

Hope this helps you.

Hi Ishwarch ,
One more question please. Which category did you select in SET(O) form ?
PBS dependent or Other purposes ?
Thank you so much for your help.

dk2011 · Post by **dk2011** » Thu Jul 18, 2013 6:43 pm

D4109125 wrote:Sounds fine, employment should be a good reason as should maternity.

Thanks again Amber for confirming this . I'm bit relieved now.

Ishwarch · Post by **Ishwarch** » Thu Jul 18, 2013 6:52 pm

Initially i ticked WP dependent's, but CW told me to select Tier 2 Migrant.

Even i was thinking of PBS Dependent, but I selected Tier2 Migrant.

I didn't had any issue.

Guru's any advise?

dk2011 · Post by **dk2011** » Thu Jul 25, 2013 6:38 am

Hi Ishwarch,
Did you write any cover letter while applying for dependent ILR especially regarding leaves . if yes , could you please share it .
Thanks

Ishwarch · Post by **Ishwarch** » Thu Jul 25, 2013 7:42 am

No , I haven't written any cover letter.
I have submitted 1 birth certificate.

dk2011 · Post by **dk2011** » Fri Jul 26, 2013 8:23 am

Thank you so much. I have got birth certificate and will submit the same.
Your dependent's VISA was still valid for considerable time ? My wife's VISA is valid until 2015. Can this be a concern regarding absence that since VISA is there until 2015 she needs to wait?

Ishwarch · Post by **Ishwarch** » Fri Jul 26, 2013 9:05 am

My Wife's visa was valid till Jan 2014. Visa validity doesn't matters as long as your dependent are eligible for ILR.
Hope I answered your question.

dk2011 · Post by **dk2011** » Fri Jul 26, 2013 9:47 am

Thank you so much.

dk2011 · Post by **dk2011** » Tue Jul 30, 2013 7:41 am

Hi Ishwarch,
I'm carrying my passport and BRP (Settlement) for my dependents PEO appointment . Have also got photocopies. At the time of registration will they take my passport and BRP as well or only photocopies ?
Thanks.

Ishwarch · Post by **Ishwarch** » Tue Jul 30, 2013 8:53 am

Submit your passport and BRP card along with your dependents application, they will return all documents after decision on application.

I haven't taken any photo copies of any documents for self and dependent application.

Photo copies is not mandatory.

dk2011 · Post by **dk2011** » Tue Jul 30, 2013 9:45 am

Many Thanks!

dk2011 · Post by **dk2011** » Mon Aug 05, 2013 11:23 am

Iswarch,
I have made my wife as main applicant and kid as her dependent in SET(O) form . That is the correct way yeah ?

Ishwarch · Post by **Ishwarch** » Mon Aug 05, 2013 11:33 am

Yes , that's right !
Don't worry too much ,if any corrections they will let you know.

dk2011 · Post by **dk2011** » Mon Aug 05, 2013 12:12 pm

Thanks a Lot ! You have been really really helpful.

Ishwarch · Post by **Ishwarch** » Mon Aug 05, 2013 2:51 pm

You welcome , I am just helping.
Best of luck and keep helping others in this blog.

dk2011 · Post by **dk2011** » Thu Aug 08, 2013 8:07 am

Thanks again for your help and wishes !
I have posted my success which can give confidence to the people who are in similar situation. Below is the link.
http://www.immigrationboards.com/viewtopic.php?t=142351

swayanprava · Post by **swayanprava** » Tue Oct 28, 2014 12:12 pm

Hi all,
My husband has got his ILR last year May and he was previously on Tier 1 (general).
I came to UK in March 2012.I am not working.Now applying for my ILR.

I have already booked an appointment in nov 2014 for my ILR as PBS dependent and I am using SET(O).

Am I using the correct form or i need to change?

I have already paid £1493 while booking.Do I need to fill the card details again in the form?

What are the documents do I need to submit?

Please suggest.
Thank you,
Swayan

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Query on Dependents ILR applying separately

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