libby wrote:hi guys I know this is a bit early as anything can happen between now and then but i am a bit curious. My mum qualifies for Ilr through long residence around jan 2015 however, I will 6 months after her (currently PBS dependant and over 21). what happens if she gets it before I am eligible to apply? do I have to switch into another category? or would it be better for her to wait until i qualify and we apply together? thanks x
firstly, if ever you lose the current status, it will be the moment she is GRANTED her ILR, and as I understand, 10-year applications are not really considered at PEO"s are they? so she will have to apply by post, all things said and done, it may as well be 5-6 months until hers is granted. especially if she pays by cheque, waits a couple of weeks to enroll biometrics when invited, etc
you can apply I think 28 days before eligibility, as a general rule -- and within 28 days of losing your status. so do the math there, essentiallu count backwards 28 days from your eligibility date, at the safest, that is your cut-off, and in a risk-taking mode, even 28 more days before then. If your mother gets ILR granted earlier than that, you need to do something else. (I propose applying for FLR(O) as a dependent of a settled person within 28 days of her being granted ILR, and then vary application to ILR in your own right the moment you are eligible)
keep in mind that qualifying again as her dependant would be very difficult I think given your age, but pending application will extend your legal presense sufficiently for you to make a move.
secondly, when does your tier 1expire? does it not expire until summer? i think it would be quite safer and easier for her to wait and you both to apply at the same time, unless other considerations are involved
if your tier 1 expires before you are eligible, i suggest filing FLR(O) as late as possible before it expires, and asking to have it tied to your mother's pending settlement application to be decided if hers is granted. they are generally able to to that. you may still be able to then stall for time by paying by cheque, taking your biometrics late etc.
but if your tier 1's do not expire in this period i'd not get too creative without need here
the thing is since i dont really think you are eligible for anything else as her dependant, these would all be creative moves to be made only out of desperation.
you can also consider applying on the basis of private life/ no connection to home country instead, but you miss the 1/2 of your life cut off there, and this would be a tough one on the basis of no connection , so again only if as a place holder and at time of great need before you can vary to ILR based on long residence
x
. thanks