Tier 1 Dependent to ILR

[virus.vinay]

Hi there,

Am on a Tier 1 visa granted in the year 2008 and currently its valid till March 2015. Am eligible for an ILR in June 2014.
My wife got a Tier 1 dependent in Oct 2013 before that she was on a Tier 2 ICT visa.
We have been living at the same address for the past 3 years.

My question is:
Can I apply for my wife's ILR along-with my application since I was first granted visa in 2008 and hence the 5 year dependent rule is not applicable to me?
If yes, does the fact that she has been only recently onto a Tier 1 dependent visa make any difference.

Any help/ pointers will be greatly appreciated.

Many thanks,
Vinay

[vinny]

See also 319E(d).

The 5 year dependant route is applicable, if she wasn't granted leave as your dependant prior to 9th July 2012.

[virus.vinay]

Thanks for your response Vinny.

A question arises though, now that the 5 years rule is applicable does it start from the time the dependent visa was granted or the 3 years before that we were together can also be counted as a part of that 5 years.

[vinny]

(ii)[(b) and (c)] requires that the applicant must be have been granted leave as the partner during the entire specified period of 5 years.

[virus.vinay]

Thanks Vinny. You are really prompt.

Can you possibly suggest the best course of action in our case.
Based on my understanding this is how it will roll for us:
1) I make an individual ILR for myself in July 2014. She continues being a Tier 1 dependent till March 2015.
2) In March 2015 she uses FLR-M and gets a spouse status
3) In July 2015-ish, I undergo naturalization and get my British passport. No application needs to be made for my wife.
4) In October 2015 (i.e. after 5 years since she got the dependent) she gets her ILR and then post that after 12 months gets her passport.

Phew!! Sounds a long and expensive process to me. Can you suggest pointers to make it any better.

[vinny]

Unfortunately, if she switches to FLR(M), then her qualifying period for SET(M) may be reset.

[virus.vinay]

So what should I do vinny. Can you please suggest something that would work best for me.

[vinny]

She may continue on as a PBS dependant until she qualifies for ILR.

[virus.vinay]

But once I get an ILR and then a passport, how can she be a PBS dependent.
Her visa expires in March 2015, what sort of application do I make then to get her an extension.
The link in the response is for a Tier 1 dependent.

Sorry if am being naive here.

[vinny]

It's permitted under the rules.

[virus.vinay]

Great! Many thanks mate!

One parting question:

Once I get an ILR and we have a child in the UK, will the child be considered a British citizen even though ONLY one of the parent has an ILR and the other is a PBS dependent?

[vinny]

British.

[virus.vinay]

Amazing!!

You are very prompt mate.
Thanks again.

[Amber]

Yes, Vinny is very good.

[orpheus80in]

Hi,

I will complete 5 years in Tier-1 in December 2014. My wife is in Tier-2 since 2011 March, then got a Tier-1 Dependent (from India) in January 2014 and entered with that.

So the question is can she apply for ILR along with me as dependent when I apply this December or she will need to wait for 2 years ( in which category ?) from her entry as Tier-1 Dependent ?

Any response is much appreciated.

Thanks.

[vinny]

No. Wait.

Continue as a PBS dependant until she qualifies for ILR (5 years as a dependant), as suggested in this topic.

[orpheus80in]

Thanks Vinny

[diddakkr]

Hi Frnds,

Please can someone advise the form for Tier 1 PBS Dependant to ILR? also provide me the list of the documents that are requried for Tier 1 PBS Dependant to ILR application?

any help on this topic greatly appreciated!

Best regards

[vinny]

I believe it is SET(O).

[jilpangs]

Hi Vinny / Amber / Others

My case is like this...

I'm on TIER 2 ICT since March 2009 and completing 5 Years in March 2014. My Wife & Kid who are in TIER 2 ICT Dependent Visa.
Our current Visas expiring on 16-Apr-2015.

My wife is also with me in UK since March 2009 but have breaks in between and in total she had lived in
UK for about 3 years and remaining 2 years out of UK on Vacation & to take care of elderly parents. So she never been in UK for a Continuos 2 years.
As per her last entry in to UK, She is in UK since Sep 2012 to till date which covers only for 1 year 5 months.

Questions

Q1) I have been away for 167 days in this 5 years and i presume that wont be an Issue for my ILR. Please let me know if it is.
Q2) Is my wife eligible for ILR along with me to apply next month March 2014.
Q3) If answer to Q2 in Yes, no further questions on my wife's case but provide any suggestions if you have.
Q3) If answer to Q2 in NO, then since her current TIER 2 ICT Dependent Visa is valid till Apr 2015, can she continue in same Visa? (Some people say
she will not be able to continue in existing Visa & I would need to apply for Spouse of Settled Person as my status will change to ILR)
I have read one of posts confirming spouse MAY continue in existing Visa. But since it is mentioned MAY i'm bit skeptical. Do anyone have
official rule covering this point?
Q4) If it ends up like my spouse can continue in TIER 2 ICT Dependent Visa till Apr 2015 then by Sep 2014 will she get eligible for ILR?
(as she is in uk since Sep 2012 without any break)
Q5) If it ends up like my spouse can not continue in TIER 2 ICT Dependent Visa and we had to apply for FLR(M) will her stay in UK gets reset? and
she need to complete 5 years before applying for ILR? Again any offcial rule covering this point?

I know this is very detailed but appreciate someone can throw light & help.

Thanks

[orpheus80in]

Hi,

I am on ILR, my wife needs to extend her PBS Dependent visa (still not 5 years as dependent) so are we good filling up the VAF10 from for PBS Dependants ?

In that form, for the main applicant's immigration status there is no option to mention ILR whereas there is a check box for Tier- 1 General which was my category before I switched to ILR. Shall we tick that instead ? Can you please advise ?

Thanks

Hi,

I will complete 5 years in Tier-1 in December 2014. My wife is in Tier-2 since 2011 March, then got a Tier-1 Dependent (from India) in January 2014 and entered with that.

So the question is can she apply for ILR along with me as dependent when I apply this December or she will need to wait for 2 years ( in which category ?) from her entry as Tier-1 Dependent ?

Any response is much appreciated.

Thanks.

[vinny]

No. VAF10 is for an application from outside the UK only.

[orpheus80in]

Just to update, my wife applied via the Tier-1,2,5 dependent form and was granted 3 years leave (2nd renewal) which is less than the time required for her to complete 5 years as dependent. Hopefully there will be a route to get her to ILR once this route complete as I'm already on ILR.