Qualifying period for dependant after July 9

varghesejim · Post by **varghesejim** » Mon Jul 02, 2012 11:08 am

The latest(11 Jun 2012) post in the following thread confused me. As I understand from the thread any dependant appying for entry clearance after july 9 have to complete 5 years before ILR, compared to 2 years as per current rules.

http://www.immigrationboards.com/viewtopic.php?t=62853

My wife was with me in UK as tier1 dependant and because she travelled to home country for delivery we didint extend her visa(and now her visa ran out). The plan was for her to apply for entry clearance from the home country with the kid. If the new rules are applicable to tier1 dependants, what we did was stupid.

The question is whether the increased ILR requirement(from 2 to 5 Years) is appliable to tier1 migrants, or it is only applicable to partners coming through family route?

Post by **geriatrix** » Mon Jul 02, 2012 11:10 am

Why has the post confused you? Does it not make specific reference to applicants applying for entry clearance as a PBS dependant?

varghesejim · Post by **varghesejim** » Mon Jul 02, 2012 11:16 am

sushdmehta wrote:Why has the post confused you? Does it not make specific reference to applicants applying for entry clearance as a PBS dependant?

Yes, the confusion is whether the reference is right or not. My wife is PBS(tier1 general) dependant who will apply for entry clearance from India as her visa ran out whle in India for her delivery. As per the post her requirement for ILR changed to 5 years. I thought this new rule is only applicable to partners coming through family visa

Post by **geriatrix** » Mon Jul 02, 2012 11:26 am

Not sure why you think I would post something that it not "right"!!

Read paragraph 96.

varghesejim · Post by **varghesejim** » Mon Jul 02, 2012 11:28 am

The first paragraph

Section GEN: General
Purpose
GEN.1.1. This route is for those seeking to enter or remain in the UK on the basis of
their family life with a person who is a British Citizen, is settled in the UK, or is in the
UK with limited leave as a refugee or person granted humanitarian protection.

No mention of PBS Dependants here.

Post by **geriatrix** » Mon Jul 02, 2012 11:29 am

Reading the whole document helps, not just bits and pieces. Click on the link already provided, which specifies the immigration rule that will become effective on 09-Jul-12.

varghesejim · Post by **varghesejim** » Mon Jul 02, 2012 11:32 am

sushdmehta wrote:Not sure why you think I would post something that it not "right"!!
Read paragraph 96.

Sorry, just consider this as nature inherent to human not to accept the reality when something bad happens against them.

The rule will affect me badly.Your reference is absolutely right. Thank you.

Air · Post by **Air** » Mon Jul 02, 2012 11:39 am

apologies for a dull question, I just want to make sure I fully understood the following statement:

If you already have leave on the basis of being the spouse or partner of a settled person, you need to meet the current rules when you apply for settlement on this basis, not the new rules outlined above.

My wife applied for Tier1 dependant some few months after my Tier 1 General was approved. By the time I'll be qualified for ILR, she will have ~4.5 years of living here. According to the paragraph quoted above, she will qualify for ILR as well since she is already here and the current rules say she needs only 2 years, not 5. Correct?

Thanks for your help.

Post by **geriatrix** » Mon Jul 02, 2012 11:45 am

Air, you should also click on the link provided and read the quoted paragraph.

mantasingh · Post by **mantasingh** » Mon Jul 02, 2012 12:14 pm

Hi

I have one doubt around it.
Will it impact the fresh Dependent Applicants or existing dependents as well who will be applying for extensions along with Main applicant.

I first came in 2011 along with my dependents and they are with me since then. I and my dependents are due to get our first extension in this week or so. (application already with UKBA)

In 2015, we will require one more extension to qualify for ILR.

Will my dependents will fall under 2 year rule or 5 year rule?

varghesejim · Post by **varghesejim** » Mon Jul 02, 2012 12:36 pm

mantasingh wrote:Hi

I have one doubt around it.
Will it impact the fresh Dependent Applicants or existing dependents as well who will be applying for extensions along with Main applicant.

I first came in 2011 along with my dependents and they are with me since then. I and my dependents are due to get our first extension in this week or so. (application already with UKBA)

In 2015, we will require one more extension to qualify for ILR.

Will my dependents will fall under 2 year rule or 5 year rule?

It will only impact the fresh dependent application. No problem with you as long as you maintain the dependent visa extented on time.

mantasingh · Post by **mantasingh** » Mon Jul 02, 2012 1:01 pm

Thanks Varghesejim.

I thought so but you know a slight mis-understanding can lead to horrible consequences.

Once again thanks a lot for clarification.

layman · Post by **layman** » Mon Jul 02, 2012 3:09 pm

sushdmehta wrote: Read paragraph 96.

Paragraph 96 mentions about partner of the main applicant, what about other dependants ie children?

layman · Post by **layman** » Mon Jul 02, 2012 3:56 pm

varghesejim wrote: The rule will affect me badly.Your reference is absolutely right. Thank you.

Why not apply for your wife now, ie before 9th July? In any case you were planning to apply before your dependants arrive in 2013

varghesejim · Post by **varghesejim** » Mon Jul 02, 2012 4:06 pm

layman wrote:
varghesejim wrote: The rule will affect me badly.Your reference is absolutely right. Thank you.
Why not apply for your wife now, ie before 9th July? In any case you were planning to apply before your dependants arrive in 2013

She already left to India and 9th july is way too close I am afraid.

Also, seems like we can live with the hassle as there is no financial impact(apart from no rights for any benefits).See the assesment
http://www.immigrationboards.com/viewtopic.php?t=107250

Post by **geriatrix** » Mon Jul 02, 2012 4:13 pm

layman wrote:Paragraph 96 mentions about partner of the main applicant, what about other dependants ie children?

Child(ren) under 18 is(are) not subject to any residence requirement for settlement.

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Qualifying period for dependant after July 9

Qualifying period for dependant after July 9