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nvevgvitup wrote:Hi Friends,
I am planning to apply for ILR 5 Years route in Jan 18 and I want to apply ILR for my Family as well. But I have a unique case and can't find details in UK Govt Visa & Immigration website. Hence need your help.
I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013
applied for Family's visa as Tier 1 Dependent in June 2013
Family joined me in UK on 2nd July 2013.
While looking at rules of Dependant's ILR I found that for Dependant applicant to be Eligible for ILR they should have stayed in UK for:
2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012 This one.
So the Question is: What Date will be considered as date applied for current visa?
a. Main Applicant's (Jan 2010)
b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)
What date did you first enter the UK? Your post is NOT clear at all.I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013
Hi CR001, Thanks for your response. I first entered in UK on Jan 2010 but I was out of UK from Feb 2012 to Feb 2013.CR001 wrote:What date did you first enter the UK? Your post is NOT clear at all.I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013
For PBS Dependents, the date of ENTRY to the UK is the start of the 5 year qualifying period, so July 2018.
Thanks CR001, I am counting my 5 year period from Feb 2013 and apply in Mid-Jan 2018.CR001 wrote:Unless you have 180 days or less absence per 12 month cycle, you won't qualify for ILR either as absence of more than 180 days in any 12 month period breaks continuity of residence.
Because they are dependant hence their Visa expires on Feb 2018 but Tier 1 visa can't be extended anymore. So I think I have apply for another visa for them i.e Dependant of settled person in UK.CR001 wrote:Fine then if you meet the requirements. Your dependents will not qualify at the same time as you though.
When do their visas expire?
Tier 1 General dependents can still extend their visas. It is Tier 1 G MAIN applicants that cannot. They will need to apply for a Tier 1 G dependent extension to reach the 5 year residence requirement.Because they are dependant hence their Visa expires on Feb 2018 but Tier 1 visa can't be extended anymore. So I think I have apply for another visa for them i.e Dependant of settled person in UK.
Your dependents did not apply for a visa at that time so not sure why you think this is even relevant to them. Their qualifying period has nothing to do with when you first applied in 2010 as they only applied in 2013 and came to the UK in 2013.IF their Tier 1 visa application date for Main Applicant would have been considered i.e. June 2010 then they had to stay in UK only for 2 years
June 2013.vinny wrote:When did the dependants initially apply for entry clearances as dependants?
applied for Family's visa as Tier 1 Dependent in June 2013
Family joined me in UK on 2nd July 2013.
Wasn't clear what that meant?nvevgvitup wrote:b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)
Sorry vinny, yes the OPs posts are confusing and not clear at all.vinny wrote:Wasn't clear what that meant?nvevgvitup wrote:b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)
Thanks Vinny and CR001. I will check If dependant's visa can be extended with Main Applicant moving to ILR.CR001 wrote:Sorry vinny, yes the OPs posts are confusing and not clear at all.vinny wrote:Wasn't clear what that meant?nvevgvitup wrote:b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)
Then it is a new entry clearance and a new residence requirement of 5 years. They will qualify for ILR no sooner than within 28 days before 9 July 2018. You will need to apply for an extension for them.nvevgvitup wrote:hi CR001, You might be right about the Terminology. So My Families Tier 1 Dependent Visa expired on 26 July 2012 as it was not extended in time and I applied for their visa only on 18 June 2013
I think you are right CR001.CR001 wrote:Then it is a new entry clearance and a new residence requirement of 5 years. They will qualify for ILR no sooner than within 28 days before 9 July 2018. You will need to apply for an extension for them.nvevgvitup wrote:hi CR001, You might be right about the Terminology. So My Families Tier 1 Dependent Visa expired on 26 July 2012 as it was not extended in time and I applied for their visa only on 18 June 2013
YES! The rules allow it, see link below, provided YOU apply for ILR based on Tier 1 General. You should note though that if your ILR fails, their applications will likely also fail.nvevgvitup wrote:I think you are right CR001.
But Can my Family apply for Tier 1 Dependant extension visa when Main Applicant has moved to ILR? Is it possible that I will be on ILR and My family will be on extended Tier 1 General visa?
Thanks CR001.CR001 wrote:YES! The rules allow it, see link below, provided YOU apply for ILR based on Tier 1 General. You should note though that if your ILR fails, their applications will likely also fail.nvevgvitup wrote:I think you are right CR001.
But Can my Family apply for Tier 1 Dependant extension visa when Main Applicant has moved to ILR? Is it possible that I will be on ILR and My family will be on extended Tier 1 General visa?
immigration-for-family-members/dependan ... 14832.html
So I have to first get my ILR application done and then submit my families PBS dependant application.CR001 wrote:Yes basically as a PBS dependent extension is for 3 years and you will also have to pay the £600 each in immigration health surcharge.
No you can't. They must be in the UK to apply for an extension. They also have to submit their passports and BRPs with their applications.nvevgvitup wrote:PBS dependent extension can it be done while dependants are out of UK?
CR001 wrote:No you can't. They must be in the UK to apply for an extension. They also have to submit their passports and BRPs with their applications.nvevgvitup wrote:PBS dependent extension can it be done while dependants are out of UK?
An application from outside the UK is a new entry clearance visa and you risk them starting a new 5 years residence period requirement.