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Tier 1 General to ILR Visa - For me and my dependent

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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dreamers315
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Tier 1 General to ILR Visa - For me and my dependent

Post by dreamers315 » Mon Mar 02, 2015 9:19 am

Hello All

Q1) I am currently holding Tier 1 UK General visa and this is expiring by 3rd June 2016. I came to UK on Tier 2 ICT Visa on 1st Dec 2010 and then converted my T2 Visa to T1 General Visa by 3rd June 2011. My first grant for T1 G is for 2 years and got my 1st extension by June 2013 for 3 years. I guess I will be eligible for applying ILR around Dec 2015? or Do I need to wait till June 2016?

Q2) My wife applied for T1 General dependent visa outside UK(in India) and came to UK on 12th Feb 2013. She applied along with me for Visa extension by June 2013 and we both got 3 years extension. Now her T1 G Dependent visa will expire by June 2016 and by that time she will ONLY complete 3 years 4 months in UK. To apply for ILR she has to hold the T1 General dependent visa for 5 years so do i need to do her T1 General dependent visa extension before it closes by April 2015 ? or Can i wait till her current T1 G Dependent visa expires on 3rd JUNE 2016 and then what visa can i apply for her?

Let me know what is the best route to achieve ILR for me and my wife.

Thanks in advance

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by vinny » Mon Mar 02, 2015 9:25 am

She may wait.
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.

dreamers315
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Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by dreamers315 » Mon Mar 02, 2015 10:18 am

vinny wrote:She may wait.
Thanks for your response.

When you say she can wait - She can wait till her visa expires by June 2016 and then what visa can i apply for her?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by vinny » Mon Mar 02, 2015 10:40 am

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.

dreamers315
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Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by dreamers315 » Mon Mar 02, 2015 10:53 am

vinny wrote:PBS dependant.
But PBS dependent extensions are getting closed by 6th April 2015 right ? So she can't do her extensions when her dependent visa expires by June 2016?

Please clarify. Thanks

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by vinny » Mon Mar 02, 2015 11:40 am

What makes you think that PBS dependant extensions are closing?
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We do not inherit the Earth from our ancestors, we borrow it from our children.

c0ntract0r
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Re: Tier 1 General to ILR Visa - For me and my dependent

Post by c0ntract0r » Mon Mar 02, 2015 12:07 pm

Does your Tier 2 ICT stay count towards ILR ? I doubt that it does. When was your Tier2 ICT issued ?

dreamers315
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Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by dreamers315 » Mon Mar 02, 2015 12:14 pm

c0ntract0r wrote:Does your Tier 2 ICT stay count towards ILR ? I doubt that it does. When was your Tier2 ICT issued ?
My Tier 2 ICT Visa was issued on 28th Sept 2010 and was valid till 12th Oct 2012. I came to UK on 1st Dec 2010 and applied for my Tier 1 General Visa during April 2011 through Post. Received my T1 G BRP around June 2011. The BRP was valid from 3rd June 2011 up to 2 years and then i made my 1st extension by June 2013 which was for 3 years. This will expiry by June 2016.

Let me know what you think. Thanks in advance.

dreamers315
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Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by dreamers315 » Mon Mar 02, 2015 12:15 pm

vinny wrote:What makes you think that PBS dependant extensions are closing?
I read this news

The Home Office, the UK government department that deals with immigration matters, has announced that it will stop accepting applications for Tier 1 (General) visa extensions from 6th April 2015.

Thanks

vinny
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Re: Tier 1 General to ILR Visa - For me and my dependent

Post by vinny » Mon Mar 02, 2015 12:24 pm

c0ntract0r is correct. You cannot include your time under Tier 2 (ICT) for ILR under Tier 1 (General) as leave under Tier 2 (ICT) was not granted under the rules in place prior to 6th April 2010. 245CD(c)(viii) fails.

Although the Tier 1 (General) extensions are closing in April 2015, I haven't seen any announcements that Tier 1 (General) dependants are closing too.
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.

dreamers315
Newbie
Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Re: Tier 1 General to ILR Visa - For me and my dependent

Post by dreamers315 » Mon Mar 02, 2015 12:50 pm

vinny wrote:c0ntract0r is correct. You cannot include your time under Tier 2 (ICT) for ILR under Tier 1 (General) as leave under Tier 2 (ICT) was not granted under the rules in place prior to 6th April 2010. 245CD(c)(viii) fails.

Although the Tier 1 (General) extensions are closing in April 2015, I haven't seen any announcements that Tier 1 (General) dependants are closing too.
Ok good to know. So then I have to use my Tier 1 G to apply for ILR. I had received my first T1 G Visa valid from 3rd June 2011 for 2 years and then did the 1st extension by June 2013 so now this is valid for 3 years. I guess i will become eligible around May/June 2016 for applying ILR. Correct me if i'm wrong ?

Ok i thought all sort of T1 G visa extensions are closing - Good to know T1 G Dependent visa extensions are still open. Hope that continues until June 2016.

Thanks

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