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Can Tier-1 independent visa holder apply as dependent on ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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trupsster
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Posts: 7
Joined: Thu Jun 16, 2011 2:41 pm

Can Tier-1 independent visa holder apply as dependent on ILR

Post by trupsster » Sun Feb 16, 2014 11:04 am

Hello all,

My husband and I entered UK together but on our own separate independent Tier-1 visa. Now, we are eligible for ILR, and I wanted to know if I can apply for ILR as his dependent? We have been working all these years and have relevant paperwork to show.
Has anyone here tried this before?

Thank you for your replies :)

Regards,
trupsster
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lynxukauq
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Posts: 344
Joined: Sat May 14, 2011 9:57 am

Re: Can Tier-1 independent visa holder apply as dependent on

Post by lynxukauq » Sun Feb 16, 2014 11:21 am

1. You may switch to PBS dependant from 1 Oct 2013, while your spouse is under Tier 1.
2. Else, you may switch to FLR(M)after your spouse is applying for/granted ILR.

Unfortunately, your qualifying period for ILR as a dependant will be reset after the switch
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UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: Can Tier-1 independent visa holder apply as dependent on

Post by UKBALoveStory » Sun Feb 16, 2014 4:56 pm

lynxukauq wrote:1. You may switch to PBS dependant from 1 Oct 2013, while your spouse is under Tier 1.
2. Else, you may switch to FLR(M)after your spouse is applying for/granted ILR.

Unfortunately, your qualifying period for ILR as a dependant will be reset after the switch
True, but does not answer the original question. IMHO, Yes you can apply for ILR along with your husband even though you don't have Tier 1 dependent visa. Search this forum and you will find many success stories on this forum with the same situation.
I am not an immigration adviser...All IMHO.
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CR001
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South Africa

Re: Can Tier-1 independent visa holder apply as dependent on

Post by CR001 » Sun Feb 16, 2014 7:36 pm

You can only apply for ILR as his dependent if you have previously and up to ILR been a dependent on his visa.

If you both qualify for ILR on 5 years residence on individual visa, you will each need to satisfy the criteria separately for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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skum
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Posts: 87
Joined: Sun Apr 22, 2012 4:39 pm
Location: London

Re: Can Tier-1 independent visa holder apply as dependent on

Post by skum » Wed Feb 26, 2014 12:10 pm

UKBALoveStory wrote:
lynxukauq wrote:1. You may switch to PBS dependant from 1 Oct 2013, while your spouse is under Tier 1.
2. Else, you may switch to FLR(M)after your spouse is applying for/granted ILR.

Unfortunately, your qualifying period for ILR as a dependant will be reset after the switch
True, but does not answer the original question. IMHO, Yes you can apply for ILR along with your husband even though you don't have Tier 1 dependent visa. Search this forum and you will find many success stories on this forum with the same situation.
UKBALovestory --really?? So you are saying that she doesn't need to be dependent to become ILR dependent. I think - its might have been true earlier but since October 2013 rules have changed --319J. http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/
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