URGENT -- Please help : Query about Dependent ILR

[AnupamaNikhil]

Hi All,

I am on a Tier 1 Visa due for ILR in 3 weeks. I have checked and qualify.

My Question:

My husband is a Tier 1 Dependent since September 2013 (previously on Student Visa from Aug 2010). My question is which form does he need to apply in?

1) SET (O) as dependent with me in October?
2) Tier One Dependent Extension?
3) or is the form SET (M)
4) or another form

SENIORS, PLEASE HELP AND ADVISE!

[Tripletrouble]

If he meets the criteria for dependent of a settled person then he can apply same time along with your application provided if you get your ILR they might grant him the visa as well.

ILR application does not allow dependents to be included.

[vinny]

I am on a Tier 1 Visa due for ILR in 3 weeks. I have checked and qualify.

You have not stated how you qualify for ILR, under Tier 1 or under Long Residence?

If you are granted ILR under Tier 1 (General), then he may continue to extend as a PBS dependant from within the UK until he qualifies for SET(O) in 2018.

[AnupamaNikhil]

Thank you for your help. I'm applying for ILR as a Tier 1 General PBS migrant (5 year route). I have read that my husband should be eligible to extend his current Tier 1 general dependant visa. I have a few quick questions below -

1. My husband completes 5 years as a PBS dependant by Sept 2018, however I have read that ILR is being discontinued for Tier 1 General visa holders as of April 2018. Will this affect my husband if I already have an ILR? If it affects him, what is his route to permanent residence in the UK? Should he instead apply for the 'family of a settled person' visa?

2. a. The Tier 1 General dependant fees is currently set as £2,136 per person if applying in person (https://www.gov.uk/tier-1-general/family-members). They say there is a health surcharge for such visas as well - will my husband have to pay this health surcharge even though he works full time and contributes to national insurance (has so for the last 4 years)?
b. Will there be any difference to the final ILR application for him if he applies for a 'family of a settled person' visa? Its considerably cheaper at £956 per person.

We appreciate your help so far, thanks for the great advice!

[vinny]

1. The closure of Tier 1 (General) shouldn't affect PBS dependants.
2. Unfortunately, he will have to pay the NHS surcharge.

If he switches to FLR(M), then his qualifying period for SET(M) may be reset to 5 years from the initial grant of FLR(M).

[AnupamaNikhil]

Thank you for your response Vinny, this is really helpful. One last question -

Below are my husband's visa details;

Tier 4 general student visa from August 2010 - Jan 2012
PSW visa from Feb 2012 to Feb 2014
Switched from PSW to Tier 1 General dependant on Sept 2013 valid till Jan 2016.

My husband and I were living together since Nov 2011(we have rental agreements as proof). We will complete 5 years living together in Nov 2016. I understand there is a clause about qualifying for ILR on the basis of living together as well? Is this true?

[vinny]

If he switched to being your dependant after 9th July 2012, then I think it's 5 years from after the switch.