Dependant ILR eligibility

[shcumi]

Hello,

I have a question regarding my wife's application.

My wife came to UK in Jan 2009 as PSW dependant, we both got Tier2 General in October 2010, she then left the UK for 10 months in 2013 and had to apply for visa from home country but it was another Entry clearance. So does she qualify for ILR (2 years before july 2012) or 5 Years as the entry clearance (second) was in 2013?

Thanks
Matt

[sagareva]

Hello,

I have a question regarding my wife's application.

My wife came to UK in Jan 2009 as PSW dependant, we both got Tier2 General in October 2010, she then left the UK for 10 months in 2013 and had to apply for visa from home country but it was another Entry clearance. So does she qualify for ILR (2 years before july 2012) or 5 Years as the entry clearance (second) was in 2013?

Thanks
Matt

sorry mate, she now has to go based on 2013 rules

[Obie]

Some people have reported to the forum that they succeeded, but i share the view of the previous poster, that the or the rules do not indicate this.

Although it is settled law that the rules should not be treated with the level of strictness attached to a statutory provision.

[shcumi]

thanks, i thought as she was already here for 2 years she has qualified on her first entry clearance....

[vinny]

It's unclear.

[shcumi]

as she has been on PBS dependant from November 2008, entered the UK in Jan 2009 does the below is of any relevance?

**********************
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
**********************

thanks again...hope this will help other people like me? Apologies if its a repeat...

[shcumi]

Hello,

I spoke to UKVI today and advised them about my situation, they advised although my wife's visa had expired, and she made out of country application for 2nd entry clearance and it was within the 28 days of the previous visa expired, she has not breached the continuous period (under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years).

Please find it on page 27 of this document

Thanks for the help.

Moderators, can you please verify/confirm?

[vinny]

It would be good if it was clear. Unfortunately, as Obie mentioned, the document (pages 2-3) did not indicate that "dependant" was one of the categories that was covered by the rules (128A(a)(ii), 245AAA(a)(ii)) and policy.

A different caseworker may take the opposite view. Then what would be your counter arguments?

[tcsprak]

hi,

I am going to apply for ILR in February 2015. I am bit confused about the visa type I need to apply for my wife and son. Can you please clarify some questions

My Wife and son are on Tier 1 General Dependant Visa.

1) My wife first visa was issued on 08/12/2011, until 04/03/2013. In November 2012 she traveled to India for maternity. She stayed in India for 8 months until 12/07/2013.

2) My wife visa expired on 04/03/2013, then after she got Tier1 General dependant extension on 17/06/2013. I applied for my son aswell. Both of them got visa on 17/06/2013 and came to uk on 12/07/2013.


My doubts are:
Is my wife eligible for ILR Visa?
Is my son eligible for ILR?
If both are not eligible for ILR what type of visa we need to apply?

Thanks in advance.

[spzenthil]

Hi,

I am also in similar situation, can you please let me know tcsprak what did you do?

Thanks,
-Senthil

[tcsprak]

Hi Senthil,

I am still waiting for the reply, not yet decided?
Could anyone please update me whet visa do i need to apply?

Thanks

[spzenthil]

Hi,

These are the information I have collected so far when did your wife/son applied for the visa? If they have applied before 09-Jul-12 then they are still eligible in 2 year category. If they have applied within 28 days of 04/03/2013 then their continuous residence is not broken if not their continuous residence is broken. so they also can apply for ILR with you now if they haven't broken the continuous residence.

Below is my situation, my wife visa expired on 01/06/2012 and we submitted visa application online on 14th Jul 2012 and went to VFS office on 25th Jul 2012 to give biometric and fees payment.

Thanks,
-Senthil

[shcumi]

It would be good if it was clear. Unfortunately, as Obie mentioned, the document (pages 2-3) did not indicate that "dependant" was one of the categories that was covered by the rules (128A(a)(ii), 245AAA(a)(ii)) and policy.

A different caseworker may take the opposite view. Then what would be your counter arguments?

Hi Vinny,

Reading those links, yeah its a bit unclear, but I also presented this to an Immigration Lawyer and they confirmed the same thing about the leave is not broken so in that case my wife will also complete 5 years if the second entry clearance makes the requirement 5 years.

Thanks

[tcsprak]

Hi Senthil,

I have applied the tier general dependant visa first time on 08/12/2011, the visa expired on 04/03/2013. Then after I applied in june 2013 for both my wife and son from india. So, there is more then 2 months gap, I was thinking whether I can file some documents related to delivery during the two months period?

If the continous period is broken, then what type of visa I need to apply

1) Tier 1 General Dependant visa
or
2) FLR(m) visa

If I apply flr(m) visa for my wife and son, when they will be eligible for applying ILR visa? Is it in 2018?
I was thinking about the continous period for my wife, Will it be broken if I apply FLR(m) visa?

I am not sure about your situation senthil.

Thanks

[spzenthil]

Hi tcsprak,

I am pretty much in similar situation like yours there is a gap between their visa expired and when we applied. I have about 50 days gap. Even I am trying to find whether I can get them in compassionate reasons or something saying they were there for delivery of my daughter.

I have found out these things as well that both my wife and daughter can't apply for ILR and they will be in Tier 1 General dependant visa itself and they have to extend their Tier 1 dependant visa till they qualify (i.e 5 years)
If they switch to FLR-M then their clock resets and they have to stay 5 years in FLR-M visa in order to qualify for ILR.

I am confused on which route to take as well. If you hear anybody saying that your wife and child can go for ILR together with you then please let me know as I really want to do that myself but not sure about the results.

Thanks,
-Senthil

[tcsprak]

Hi Senthil,

Even I got the same response from different sources. They are not qualified for applying ILR.
Better to apply for Tier1 General dependant visa, If we apply flr(m) the clock will reset.

Thanks

[saeedafridi123]

Hi guys we are a group of people whose families were effected by the pre july rules that were changed in april 2014. which made it impossible for families to apply for 2 years rather 5 years visa.anyone wants to join us to challenge this rule in high court should come forward and can contact me on my number :07983572444.