Second extension for dependents

[jafersadeq]

Dear Gurus,

If someone has T1-E and he extended his visa for two years in the first extension, after 5 years he will be eligible for ILR, but his dependents complete 4 years on the day he completes 5 years. They need second extension to be eligible for ILR-5 years. Does he have to maintain the two employees in their second extension?
Please advise
Thanks

[irana2015]

HI,

I'm afraid the dependents clock will be restarted once the main applicant gets ILR and they will need to complete another 5 years. They would only be able to get the ILR at the same time if they complete 5 years under tier 1 with the main applicant.

Hope this helps
IR

[Mrchaany]

Your dependent can extend at your previous visa base like your dependent and can complete her five year easily,
Means your dependent donot need to change to new catogary, he/she need extent on your previous visa not to move to spouse visa

[CR001]

HI,

I'm afraid the dependents clock will be restarted once the main applicant gets ILR and they will need to complete another 5 years. They would only be able to get the ILR at the same time if they complete 5 years under tier 1 with the main applicant.

Hope this helps
IR

Please don't provide incorrect advice.

PBS Dependents can continue to extend their visas till they qualify for ILR.

[irana2015]

sorry for the misunderstanding .

My dependent joined me when there were 6 months left on my PSW visa (june 2012).

I then moved to tier 1 entrepreneur and she got 3 year tier 1 dependent (may 2013).

I am eligible for ILR before 2 months of completing my tier 1 entrepreneur - 5 years ILR

I know if i go for tier 1 ent 5 year ILr she can apply at the same time for ilr, what if i go for 10 years ILR will she need to complete another 5 years because at that time her total time in county will be more than 5 years?

Please advise?

Thanks
IR

[CR001]

sorry for the misunderstanding .

My dependent joined me when there were 6 months left on my PSW visa (june 2012).

I then moved to tier 1 entrepreneur and she got 3 year tier 1 dependent (may 2013).

I am eligible for ILR before 2 months of completing my tier 1 entrepreneur - 5 years ILR

I know if i go for tier 1 ent 5 year ILr she can apply at the same time for ilr, what if i go for 10 years ILR will she need to complete another 5 years because at that time her total time in county will be more than 5 years?

Please advise?

Thanks
IR

Please post your questions in your own thread. It is rude to just tag onto someone else topic and it creates confusion.

If you apply for ILR based on 10 years LR, your wife has to switch to FLR(M) spouse settlement visa and it will reset her clock to zero and a new 5 year residence period.

[jafersadeq]

Dear Gurus,

If someone has T1-E and he extended his visa for two years in the first extension, after 5 years he will be eligible for ILR, but his dependents complete 4 years on the day he completes 5 years. They need second extension to be eligible for ILR-5 years. Does he have to maintain the two employees in their second extension?
Please advise
Thanks

Dear CR001
Thanks for your reply, you said: PBS Dependents can continue to extend their visas till they qualify for ILR.
I wonder if the main applican shall maintain the two employees in their extension !!
And please refer to a point in the guidance which confirm that they can continue to extend their visa till they qualify for ILR.

Please advise,
Regards,

[helpingperson]

Once main applicant has completed 5 years on Entrepreneur visa, and he gets ILR, if dependent have not completed 5 years at same time and have not already got valid visas as PBS dependent then I am not sure how they will be able to extend as PBS dependent as main applicant is no more on PBS but on ILR so I think they will have to apply as dependent of ILR applicant which will reset their clock for another 5 years to qualify for ILR.

I leave it for seniors to confirm and advise.

[CR001]

See 319C(b) - Partners of Relevant Point Based System Migrants(Click)

[jafersadeq]

See 319C(b) - Partners of Relevant Point Based System Migrants(Click)

Dear Gurus,
In immigration rules, I have read items below:

Family members of relevant points-based system migrants
Paragraphs 319A to 319K and Appendix E
Children of relevant points-based system migrants

319H. Requirements for entry clearance or leave to remain

(e) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.


I wonder about item (e), says : The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.

What do they mean?

AND:

There is no requirement refer to the continuous 5 years the child or partner has to be in the UK as a relevant point based system migrant.

Please advise,

Thanks,

[CR001]

Read 319E(d) where it clearly states about the pre and post 9th July 2012 qualifying period (2yrs/5yrs)

Children cannot stay in the UK if the parent(s) leave expires. You are overthinking this point.

If you get ILR based on PBS route and 5 years residence, the rules permit your dependents to continue as PBS dependents until they meet the requirement for ILR.

[jafersadeq]

Dear CR001
many thanks for explaining that point.

[jafersadeq]

If you get ILR based on PBS route and 5 years residence, the rules permit your dependents to continue as PBS dependents until they meet the requirement for ILR.

Dear CR001,
If they need 4 months to qualify ILR after me, and if they ask for additional extension. How many years do UKVI grant? ..

Thanks,

[CR001]

Probably 2 or 3 years.

[STAR2012]

Dear Gurus,

If someone has T1-E and he extended his visa for two years in the first extension, after 5 years he will be eligible for ILR, but his dependents complete 4 years on the day he completes 5 years. They need second extension to be eligible for ILR-5 years. Does he have to maintain the two employees in their second extension?
Please advise
Thanks

Dear CR001
Thanks for your reply, you said: PBS Dependents can continue to extend their visas till they qualify for ILR.
I wonder if the main applican shall maintain the two employees in their extension !!
And please refer to a point in the guidance which confirm that they can continue to extend their visa till they qualify for ILR.

Please advise,
Regards,

HI,
YOUR DEPENDENT CAN APPLY FOR FURTHER LEAVE TO REMAIN AS PBS DEPENDENT EVEN YOU HAVE GOT THE TIER1 ENTREPRENEURE BASIS ILR. Please consider the following rules. Hope it will be clear now :

[b]This page explains how to consider applications from family members of points-based
system (PBS) migrants where the PBS migrant has indefinite leave to remain (ILR) or British
citizenship.
If the PBS migrant holds ILR, this must be as a PBS migrant, and not for example under the
long residence rules.
If the PBS migrant is a British citizen, before that they must have held ILR as a PBS migrant.
Change to the Immigration Rules: 9 July 2012
From 9 July 2012, dependent partners of PBS migrants must complete a five year
probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British
citizenship before their partner has completed their 5 year probationary period, the partner
can still apply for further leave to remain as a PBS dependant rather than as the partner of a
settled person. If their application meets the requirements, leave to remain can be granted
for up to 3 years.
If the PBS migrant has ILR on the basis of long residence, their partner cannot extend their
leave or gain settlement as a PBS dependant and must switch into the partner of a settled
person category and apply for limited leave. For more information see related link.
Combining leave for ILR
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.
Leave granted for any other reason cannot be combined.
In this section
Entry or extension
requirements: partners
Entry or extension
requirements: children
Indefinite leave
requirements
Switching
Related links
Links to staff intranet
removed
External links
Immigration Rules
paragraphs 319AA-
319K
Long residence and
Points Based System
dependants
This guidance is based on the Immigration Rules
Page 33 of 81 Guidance – Family members of PBS migrants – version 10.0 Published for Home Office staff on 17 November
2015
Action for caseworkers
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.

PBS dependent partner applications received on or after 9 July 2012
You must search for the applicant’s PBS migrant partner on GCID or warehouse to confirm
whether they have already been granted ILR:
 if there is no record of an ILR application by the PBS migrant you must:
o contact the applicant or their representative for further details of the application (for
example, the payment reference number) - for guidance on requesting more
information, see related link: Points – based system - Evidential flexibility.
o if there is no ILR application for the PBS migrant you must consider the PBS
dependant application in line with the requirements of paragraph 319AA-319E of the
Immigration Rules - where the requirements are met, you must grant leave to
remain in line with the PBS migrant
 if there is a record of an ILR application for the PBS migrant which is yet to be decided,
you must:
o bring forward (BF) the application until a decision has been made, then
o consider the PBS dependant application in line with the requirements of paragraph
319AA – 319E of the Immigration Rules
 if the PBS migrant has been granted ILR you must:
o consider the PBS dependant application in line with the requirements of paragraph
319AA – 319E of the Immigration Rules - where the requirements are met, you must
grant leave to remain for 3 years


[/b]

[helpingperson]

Star,

This is very good.

Please could you share the link where you copied it from and page number?

Thank you.

[jafersadeq]

Dear STAR2012,
Thanks a lot for your clarification.

[jafersadeq]

Dear Gurus,

please advise me about this issue:

If I got ILR and my wife did not get it because she did not meet the requirement of English language, she need further extension... My question about my sons, I have two, one 17 at the time of application and one 18 years at the time of application. Can they get ILR if just me have ILR... Or both me and my wife should have ILR..What about their case in this situation.
If I ask for further extension for my wife. Can I ask for one year or it is standard.. 2 or 3 years. If it is 2 years or 3 years,, let's say she meets the requirement in the first year of the further extension.. Can she apply in the first year of her 2-3 years.

Thanks

[CR001]

Dear Gurus,

please advise me about this issue:

If I got ILR and my wife did not get it because she did not meet the requirement of English language, she need further extension... My question about my sons, I have two, one 17 at the time of application and one 18 years at the time of application. Can they get ILR if just me have ILR... Or both me and my wife should have ILR..What about their case in this situation.
If I ask for further extension for my wife. Can I ask for one year or it is standard.. 2 or 3 years. If it is 2 years or 3 years,, let's say she meets the requirement in the first year of the further extension.. Can she apply in the first year of her 2-3 years.

Thanks

Your children will need to have 5 years residence. All dependents apply for an extension which will be for either 2 or 3 years. You cannot apply for a 1 year extension.

If the dependents meet the requirements in year 1 of the extension, then they can apply for ILR. They DO NOT have to wait till the end of their visas to apply for ILR.

All dependents over 18 will need LIUK and English B1.

[jafersadeq]

[/quote]
Your children will need to have 5 years residence. .[/quote]

Thanks for your clarification,

If the children complete 5 years..Can they apply for ILR even if their mother does not have ILR ?
Regards,

[CR001]

Yes, should be fine provided they meet all the standard (adult) requirements.

[STAR2012]

Star,

This is very good.

Please could you share the link where you copied it from and page number?

Thank you.

Here is the link for detailed clarificatio:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Thanks and Regards,
STAR2012

[ishfaqsangra]

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 dependent to count towards the probationary period for ILR, provided their most recent
leave has been as the partner of that PBS migrant.

Can someone shed some more light on the above lines about combination of leaves for PBS dependent ILR?

[CR001]

Where is this extract from? If from the link above your post, what page?

[ishfaqsangra]

Page 32,33

Can I get some guidance on these lines what sort of leave can be combined my wife has been my dependent when I was student then PSW and then Tier1 Entrepreneur since May 2011 but her continuity breakdown for Entrepreneur as her visa expired while she was abroad and successfully applied after 41 days of Expiry

"Combining leave for ILR
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.
Leave granted for any other reason cannot be combined"