Teir 1 (General) Dependent Clarification

[Sri001]

Hello Everyone

I am Sri, I am currently holding a Tier1 visa and my wife is on Tier 1 Dependant visa, both of which are valid till Oct 2016. I will be applying for ILR in two months (July 2015). However, my wife has first arrived to UK in April 2013, and as per the rules which states that she will need to complete 5 years in UK in order to get ILR for her. I would like to know if once I receive my ILR, will her Tier1 dependent visa still be valid up to next year Or will her visa become invalid after my visa type changes and do I need to apply for ILR dependent visa this July 2015 itself. Please suggest.

Thanks in advance.

Regards,
Sri

[Chase53]

She can continue on her current visa until the end of it and then apply for a PBS extension to make it 5 years.

DONT APPLY EXTENSION NOW! Otherwise you have to pay the health surcharge for her which is £200/year.

[sagareva]

Hello Everyone

I am Sri, I am currently holding a Tier1 visa and my wife is on Tier 1 Dependant visa, both of which are valid till Oct 2016. I will be applying for ILR in two months (July 2015). However, my wife has first arrived to UK in April 2013, and as per the rules which states that she will need to complete 5 years in UK in order to get ILR for her. I would like to know if once I receive my ILR, will her Tier1 dependent visa still be valid up to next year Or will her visa become invalid after my visa type changes and do I need to apply for ILR dependent visa this July 2015 itself. Please suggest.

Thanks in advance.

Regards,
Sri

in her case, will be still valid

dont apply for anything this year

[Sri001]

Hi Chase53 & sagareva,

Thanks a lot for your reply.

Regards,
Sri

[Amiya]

Hello,

I am on the same situation as Sri above. I am on Tier 1, completed 5years and going for my ILR this month. My two dependant's current PBS dependant visa is valid until Nov 2017. They came in 2011 and eligible for ILR but at the moment I am not doing their ILR due to finanical difficulties. My concern is when I do my ILR and my dependants will be still on Tier 1 PBS dependant visa. As I understand, staying in country no issue but will there be any issue when they travel to India and return as they are no more Tier 1 PBS dependant.

Your advice is well appreciated.

Regards,
Aks

[CR001]

but will there be any issue when they travel to India and return as they are no more Tier 1 PBS dependant.

No issues as long as their visas are valid when they return to the UK.

[Amiya]

many thanks char..

[qhussain]

Hi All,

Just as curiosity, Does dependent(Tier 1 General dependent) has to be in UK for 5 years to qualify for ILR?
I thought, The dependent(spouse) has to be in UK for two years to be able to qualify for ILR?

Regards,
Hussain

[CR001]

Hi All,

Just as curiosity, Does dependent(Tier 1 General dependent) has to be in UK for 5 years to qualify for ILR?
I thought, The dependent(spouse) has to be in UK for two years to be able to qualify for ILR?

Regards,
Hussain

It depends on when the dependent visa was applied for. If before 9th July 2012 it is two years. If after this date, it is 5 years.

[Amiya]

Hello CR001,
Further to my post just above, I am in a state of confusion to take an appropriate decision. As I mentioned above in my post, I am financially struggling to apply ILR for my two dependants. We are thinking of relocating to India after I get my ILR. In this situation, let’s say I got a job later, came back to UK and my dependants return to UK before their Tier 1PBS dependant visa expires in Nov 2017.
My concern is;
1.Can I apply their ILR immediately when they return to UK or I have to wait for two years to establish the cohabitant proofs.
2.Their initial entry is before July 2012, so the requirement is 2yrs lived in UK. Is the 2yrs considered, any two yrs from initial entry to the date of application. (I repeat here, my dependants came to UK in Jan 2011, they were out of UK from May-2013-May2014. But their visa is continuous until Nov-17, no break.)
3.If it’s any 2yrs within this period(from Jan-11 to Nov-17) I can establish the cohabitant documents, but if it’s for the last 2yrs(just before the application) then I cannot establish the proofs as they will be out of UK. And that means, I have to extend their visa after Nov-2017.

Your advise/comment in this regard will be well appreciated.

Regards,

[Amiya]

CR001, Vinny, Casa or any gurus please reply..