ILR Application for dependent children Tier 1 (ET)

[ts531]

Hi,

My husband has always been my dependent in Tier 4, Tier 2 and Tier 1 (ET) category respectively. Can we combine his time spent as Tier 4 dependent to count towards continuous 5-Year period needed for ILR?

Many thanks for your replies.

Best regards, ts531.

[CULLINAN]

Yes. As long he has been on a PBS dep visa for 5 years you can combine all categories.

[zimba]

Hi,

My husband has always been my dependent in Tier 4, Tier 2 and Tier 1 (ET) category respectively. Can we combine his time spent as Tier 4 dependent to count towards continuous 5-Year period needed for ILR?

Many thanks for your replies.

Best regards, ts531.

There is NO difference between the PBS dependant visas. There are NO such specific categories. 5 years spent under PBS dependant visa counts towards ILR under PBS

[Happydays11]

Hi,

My husband has always been my dependent in Tier 4, Tier 2 and Tier 1 (ET) category respectively. Can we combine his time spent as Tier 4 dependent to count towards continuous 5-Year period needed for ILR?

Many thanks for your replies.

Best regards, ts531.

There is NO difference between the PBS dependant visas. There are NO such specific categories. 5 years spent under PBS dependant visa counts towards ILR under PBS

see below page no 28 top

https://assets.publishing.service.gov.u ... -_v.25.pdf

you can't combine tier 1 (ent) leave with any other category to meet continues leave.

[CULLINAN]

see below page no 28 top

https://assets.publishing.service.gov.u ... -_v.25.pdf

you can't combine tier 1 (ent) leave with any other category to meet continues leave.

When is OP combining Tier 1 Ent visa with any other category?? OP is combining PBS dependent visa on different categories.

[ts531]

Many thanks everyone! Yes, my question was combining my dependent’s visa who has 1 year of his 5 year period spent as a tier 4 dependent. From your answers I understand it is possible for him to apply for ILR. However, it isn’t written in any of the policies or immigration rules!

[CULLINAN]

Many thanks everyone! Yes, my question was combining my dependent’s visa who has 1 year of his 5 year period spent as a tier 4 dependent. From your answers I understand it is possible for him to apply for ILR. However, it isn’t written in any of the policies or immigration rules!

You can apply for settlement as a PBS or Appendix W dependant partner once you have reached 5 years’ continuous leave in the United Kingdom as the dependant of the same Main Applicant.

Page 21
https://assets.publishing.service.gov.u ... 0_v1.0.pdf

[ts531]

Hi Cullinan and Zimba,

Many thanks again. But we are confused as the relevant Immigration rules does not include Tier 4 dependent in the PBS dependent category. Please see below:

Partners of Relevant Points Based System Migrants and Appendix W Workers
319AA. (a) Relevant Points Based System migrant means a T1 (Entrepreneur) or T1 (Investor)
(b) DELETED

If you can kindly clarify this that would be great!

Best regards, Tania.

[CULLINAN]

One has to be a PBS dependent of the same main applicant for 5 years. As Zimba said also, no difference in PBS dep visas/categories.

Read 319E.

[zimba]

Hi Cullinan and Zimba,

Many thanks again. But we are confused as the relevant Immigration rules does not include Tier 4 dependent in the PBS dependent category. Please see below:

Partners of Relevant Points Based System Migrants and Appendix W Workers
319AA. (a) Relevant Points Based System migrant means a T1 (Entrepreneur) or T1 (Investor)
(b) DELETED

If you can kindly clarify this that would be great!

Best regards, Tania.

Recently all Tier based visas have been re-categorised except the T1 (Entrepreneur) and T1 (Investor). That lines simply means that currently, the PBS system consists of T1 (Entrepreneur) or T1 (Investor). The rest are now called Appendix W workers. Tier 4 was also changed to the Student visa.

To get ILR, Pargarph 319E(d) section (b) says that your most recent period of stay must be a partner of a PBS migrant or Appendix W worker. However, the section (c) says you should have spent the rest of the 5 years in any other category of the rules, like the old Tier 4 which used to be under the PBS.

Paragraph 319E(d)

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant or Appendix W Worker, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

[ts531]

Many thanks Cullinan and Zimba! Then it means there is no doubt that my husband's stay as a tier 4 dependent will count towards the 5 years' continuous stay!

[zimba]

Many thanks Cullinan and Zimba! Then it means there is no doubt that my husband's stay as a tier 4 dependent will count towards the 5 years' continuous stay!

After reading the recent changes to the rules, I have to say that 391AA means the above rules do not apply to (now removed) Tier 2 applicants as all have to apply under Appendix Skilled Worker rules. So your analysis was correct. For Skilled Worker dependants settlement, paragraph SW 42.1. of the rules applies:

SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

This means that any time spent as a dependant partner will count for dependant's ILR under the Skilled Worker route. So my advice does not change. Just to clarify what rules actually apply to people who still hold PBS dependants visas (the exception being Tier 1 dependants) and are aiming for ILR.


https://www.gov.uk/guidance/immigration ... led-worker

[vinny]

Hi,

My husband has always been my dependent in Tier 4, Tier 2 and Tier 1 (ET) category respectively. Can we combine his time spent as Tier 4 dependent to count towards continuous 5-Year period needed for ILR?

Many thanks for your replies.

Best regards, ts531.

Yes. Provided you were/are also granted ILR under Tier 1 (ET).

[ts531]

Hi Zimba, CULLINAN and Vinny,

Many thanks for your earlier comments. I have just been informed through a contact from Immigration that unfortunately it is not possible to combine Tier 4 Dependent visa to ILR route.

The statement below is taken from the Immigration Rules: Appendix Student:

https://www.gov.uk/guidance/immigration ... ix-student

"Some Students can bring a dependent partner and dependent children to the UK, for example if they are studying at postgraduate level or on a government sponsored scheme.
The Student route is not a route to settlement."


However, my point is: "my husband is not applying through a student route, he is applying as a Tier 1 dependent".

[zimba]

Hi Zimba, CULLINAN and Vinny,

Many thanks for your earlier comments. I have just been informed through a contact from Immigration that unfortunately it is not possible to combine Tier 4 Dependent visa to ILR route.

The statement below is taken from the Immigration Rules: Appendix Student:

https://www.gov.uk/guidance/immigration ... ix-student

"Some Students can bring a dependent partner and dependent children to the UK, for example if they are studying at postgraduate level or on a government sponsored scheme.
The Student route is not a route to settlement."


However, my point is: "my husband is not applying through a student route, he is applying as a Tier 1 dependent".

There is no immigration helpline. Those advisors are third parties who often give incorrect advice (leading to many cases of refusals reported by members over the years). Don't rely on telephone conversations nor correspondence with the Home Office.

Your husband is NOT applying to settle via Student Visa route as that has never been possible. The guide simply wants to stress this.
As I pointed out, he has been your dependant partner and so time spent as a dependant counts. The rules as I showed you allow this. The student rules do NOT apply to him. The rules that apply to him are under the Appendix Skilled Worker

[ts531]

Hi Zimba, Many thanks! Your confidence in the matter makes me hopeful again! I will hopefully send our application now.

[vinny]

See also Elgibility to apply for ILR as dependent.

[ts531]

Hi Zimba, Cullinan and Vinny,

First of all I wanted to thank you for your guidance for my and my husband's ILR application. Our applications have been successful, however, I could not share the news on my earlier post (Combining Tier 4 dependent visa for 5-Year continuous period, posted on Jan 26) as it has been locked by the moderator. We got the ILR through the Tier 1 ET route and applied through a Set (O) form. I had to wait to apply for the children as it requires both parents to be settled in the UK. My children are in Tier 1 ET Dependent category. Now my question is, can I apply for the children using Set (O), or do I need to use Set(F) or Set(M)? Do I need to wait to apply for them until we receive our (parent's) BRP cards which will arrive in the next 10 working days? Both children are under 18, but over 15.

Many thanks for your kind response.

Best regards, ts531.

[CR001]

There was no requirement to wait to apply for the children. You could have all applied together in one SET O form. What makes you believe the children had to wait??

You can use either SET O or SET F.

[ts531]

Thanks CR001. We waited because my husband’s application was very complicated. So we wanted to make sure he gets the ILR, then we can apply for the children.

I have started my application for the children using Set (O), but I don’t seem to find a way to add them together on the same application. Or, should I submit separately?

Many thanks.