Tier 1 ent dependents application

[Shaikh123]

Hi
I got my ILR on accelerated route and applied for Dependents ILR as well on 3 years.
It has been refused and it says that dependents need to complete 5 years to be eligible of ILR.
Can i apply for extension now and what happens to the period after the expiry of their leave to remain from feb 23 till the submission of an extension application?
Or should i go for admin review?
Can i go for admin review and meanwhile apply for extension as well?
Thanks

[marcnath]

Hi
I got my ILR on accelerated route and applied for Dependents ILR as well on 3 years.
It has been refused and it says that dependents need to complete 5 years to be eligible of ILR.
Can i apply for extension now and what happens to the period after the expiry of their leave to remain from feb 23 till the submission of an extension application?
Or should i go for admin review?
Can i go for admin review and meanwhile apply for extension as well?
Thanks

Dependents need to complete 5 years. So you should apply for a PBS dependent visa. As long as you apply within 14 days of the refusal, there will be no break in continuity once the dependent visa is approved.

There is no administrative error so admin review is not going to help. You can't do both.

[Shaikh123]

Thanks
So they are not eligible for ILR!

I am being told by my legal representative that its an admin error and we should go for an Admin review as they came with me and completed 3 years.
If we apply for an extension within 14 days:
1- What will be their status in these 14 days?
2- What will be dependents status once a new application is made, does the spouse have permission to continue the voluntary or paid job during this period?
3- What if i go for admin review and then apply for PBS dependent extension?

Thanks

[Shaikh123]

Do we need maintenance funds for 90 days if i go for extension and how much is it if they have been inside UK for last 12 months?

[CR001]

I am being told by my legal representative that its an admin error and we should go for an Admin review as they came with me and completed 3 years.

Shocking that you have been given such totally incorrect advice. There is no admin error, UKVI did not make a mistake. You have made a very big and expensive mistake.

PBS dependents need 5 years before they can apply for ilr as stated in the immigration rules.

The 3 year accelerated route to ilr ONLY applies to you as the main tier 1 visa holder. It does not and never has applied to tier 1 dependents.

[Shaikh123]

I am being told by my legal representative that its an admin error and we should go for an Admin review as they came with me and completed 3 years.

Shocking that you have been given such totally incorrect advice. There is no admin error, UKVI did not make a mistake. You have made a very big and expensive mistake.

PBS dependents need 5 years before they can apply for ilr as stated in the immigration rules.

The 3 year accelerated route to ilr ONLY applies to you as the main tier 1 visa holder. It does not and never has applied to tier 1 dependents.

I understand its a costly mistake but in what terms its big mistake?
I did not file an application on my own but through a legal firm and as per their guidance.
1- What will be their status in these 14 days?
2- What will be dependents status once a new application is made, does the spouse have permission to continue the voluntary or paid job during this period?

[marcnath]

I am being told by my legal representative that its an admin error and we should go for an Admin review as they came with me and completed 3 years.

Shocking that you have been given such totally incorrect advice. There is no admin error, UKVI did not make a mistake. You have made a very big and expensive mistake.

PBS dependents need 5 years before they can apply for ilr as stated in the immigration rules.

The 3 year accelerated route to ilr ONLY applies to you as the main tier 1 visa holder. It does not and never has applied to tier 1 dependents.

I understand its a costly mistake but in what terms its big mistake?
I did not file an application on my own but through a legal firm and as per their guidance.
1- What will be their status in these 14 days?
2- What will be dependents status once a new application is made, does the spouse have permission to continue the voluntary or paid job during this period?

Your dependants are overstayers now and will be that until their dependant pass is approved. Doesn't the rejection letter have any information or instructions?
Your priority now should be to get that application in as soon as possible. A dependant visa is a simple one and can get approved quite quickly. The timeyou are spending on this forum is better spent getting that application in.

Yes, Maintenance fees is needed:
You must show that your dependants can be supported for the first 12 months that you are in the UK. You must have £1,890 for each dependant.
You must have proof you have the money, and that it’s been in your bank account or your dependant’s bank account for at least 90 days before you or they apply. Proof can be:

• bank statements
  building society pass book
  letter from bank
  letter from a regulated financial institution

It does not matter how you filed the application - it is your responsibility. You can possibly sue the legal firm for all the costs and trouble you have been through but it has nothing to do with the immigration process itself. Again, work on your dependant application now.

[Shaikh123]

I am being told by my legal representative that its an admin error and we should go for an Admin review as they came with me and completed 3 years.

Shocking that you have been given such totally incorrect advice. There is no admin error, UKVI did not make a mistake. You have made a very big and expensive mistake.

PBS dependents need 5 years before they can apply for ilr as stated in the immigration rules.

The 3 year accelerated route to ilr ONLY applies to you as the main tier 1 visa holder. It does not and never has applied to tier 1 dependents.

I understand its a costly mistake but in what terms its big mistake?
I did not file an application on my own but through a legal firm and as per their guidance.
1- What will be their status in these 14 days?
2- What will be dependents status once a new application is made, does the spouse have permission to continue the voluntary or paid job during this period?

Your dependants are overstayers now and will be that until their dependant pass is approved. Doesn't the rejection letter have any information or instructions?
Your priority now should be to get that application in as soon as possible. A dependant visa is a simple one and can get approved quite quickly. The timeyou are spending on this forum is better spent getting that application in.

Yes, Maintenance fees is needed:
You must show that your dependants can be supported for the first 12 months that you are in the UK. You must have £1,890 for each dependant.
You must have proof you have the money, and that it’s been in your bank account or your dependant’s bank account for at least 90 days before you or they apply. Proof can be:

• bank statements
  building society pass book
  letter from bank
  letter from a regulated financial institution

It does not matter how you filed the application - it is your responsibility. You can possibly sue the legal firm for all the costs and trouble you have been through but it has nothing to do with the immigration process itself. Again, work on your dependant application now.

Yes i understand the seriousness of the issue.I just received refusal email yesterday and it says about Admin review within 14 days.
I am already filling up applications and will submit them by tomorrow. Will they be considered over stayers and will it break 5 years continuity?
My other team partner got extension for his family.
I have those funds available in my bank account for more than 90 days that is not an issue but it says first 12 months and they have been in UK for more than 3 years now.
I am not a legal expert and if a legal advisor is giving his opinion based on his experience i would rather prefer to follow them.
They are supportive,available and even helping in the fees.They were the ones to changed my mind for Accelerated ILR from extension .I am still confused as they are saying that they have one case already approved on 3 years for dependents.On the basis of that they ll go for PAP as i doesn't want to go for admin review and submitting new application for extension.
I am working on dependent's application already and not wasting any time.
I got some useful information here which changed my mind to go for extension instead of admin review.


Thanks

[marcnath]

Ask your legal advisor to provide you with the relevant sections of Immigration rules or case law that show a dependant becomes eligible with 3 years residence.
Section 319E (d) of the immigration rules is quite clear:

(d) The applicant and the Relevant Points Based System Migrant or Appendix W Worker must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least a continuous period of 5 years

There is no separate 3 year period specified anywhere.
Did your team member used a different legal advisor?

As mentioned before, they become overstayers the minute the new application is submitted. The 5 year continuity will be broken. However that continuity is restored once the dependant application becomes successful so the net effect is that there will be no break. So the key is ensure the application is thoroughly checked for errors. A rejection will break the continuity.

[Shaikh123]

I ll meet them after submitting the application as this is my 1st priority.
No we used same legal advisor but his dependents came a year later due to covid.
On what basis i can expect a rejection ? T
hey are dependents of ILR holder now and fulfilling all the requirements of extension and will check application properly before submission.

can i apply for priority in this case?

[marcnath]

I ll meet them after submitting the application as this is my 1st priority.
No we used same legal advisor but his dependents came a year later due to covid.
On what basis i can expect a rejection ? T
hey are dependents of ILR holder now and fulfilling all the requirements of extension and will check application properly before submission.

can i apply for priority in this case?

There are very few basis on which a dependant visa renewal gets rejected - mostly serious errors in application like not providing incorrect/incomplete documentation.
Unless you really mess up, the renewal should be straightforward.