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ILR and dependent visa enquiry

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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mash1234
Newly Registered
Posts: 19
Joined: Thu Sep 25, 2014 10:28 pm

ILR and dependent visa enquiry

Post by mash1234 » Thu Jan 01, 2015 1:36 pm

Hi,
Please help me with the following:
I am in Tier 1(General) visa which will expire on 01-Feb-2015 (5 years route). I am going to apply ILR in person on 19-Jan-2015. My wife got Tier 1 dependant visa on August 2013 which will expire also on 01-Feb-2015. My plan is after getting ILR on 19-Jan-2015, she will send application by post for extension of Tier 1 dependant.
Is it okay? Or does she have to apply at the same time in person or post while I apply for ILR?

Please advice.
Thanks.

mash1234
Newly Registered
Posts: 19
Joined: Thu Sep 25, 2014 10:28 pm

Re: ILR and dependent visa enquiry

Post by mash1234 » Thu Jan 01, 2015 1:53 pm

And for your information:
TIER 1, 2 or 5 DEPENDANT HELP TEXT LEAFLET version 04/14 says the following:
Who sh ould be app lying us ing th is
form?
This application form should only be
completed by individuals who are already in
the United Kingdom.
You should use this form if you are:
• Currently in the United Kingdom as
the dependant spouse, civil partner,
unmarried or same-sex partner or child of
a person in another immigration category
who has, or is at the same time applying
for, leave to remain as a PBS migrant.
• Currently in the United Kingdom as the
dependant spouse, civil partner,unmarried
or same-sex partner or child of a PBS
migrant and seeking to extend their leave
for a further period within their existing
category.
so that means- she can apply if I am still in the same visa i.e Tier 1 ( General) or at the same time applying
for, leave to remain as a PBS migrant.

That means, If I get ILR, she can't apply as TIER 1, 2 or 5 DEPENDANT?

vinny
Moderator
Posts: 32929
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR and dependent visa enquiry

Post by vinny » Thu Jan 01, 2015 2:14 pm

I think that it is the correct form.
Family members of points-based system migrants wrote:Application forms | Extension (within UK):Tier 1, 2 or 5 dependant

...

Applications from PBS dependants submitted on or after 9 July 2012, where the PBS migrant was granted ILR in that category, must be considered under paragraphs 319AA-319J in part 8 of the Immigration Rules.

Such applications are not subject to the additional requirements listed in appendix FM and must be submitted on the PBS Dependant application form.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mash1234
Newly Registered
Posts: 19
Joined: Thu Sep 25, 2014 10:28 pm

Re: ILR and dependent visa enquiry

Post by mash1234 » Thu Jan 01, 2015 2:34 pm

Hi Vinny,
Thanks for the quick reply.
Just one last clarification:
Can my wife send the application for extension of PBS dependent by post after I got the ILR?

vinny
Moderator
Posts: 32929
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR and dependent visa enquiry

Post by vinny » Thu Jan 01, 2015 3:04 pm

Yes. Preferably before her leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mash1234
Newly Registered
Posts: 19
Joined: Thu Sep 25, 2014 10:28 pm

Re: ILR and dependent visa enquiry

Post by mash1234 » Thu Jan 01, 2015 4:04 pm

Thank you very much.

:)

Saslam8290
Newly Registered
Posts: 16
Joined: Fri Oct 07, 2011 11:59 am

Re: ILR and dependent visa enquiry

Post by Saslam8290 » Mon Jan 05, 2015 2:54 pm

Dear Mash,

I have PEO for same case as yours on 4th February 2015.

I was just wondering can we share information and compile our case together so we can help each other if anyone missing out anything.

Thanks
SA

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