ILR for dependent who lives in India

[kosgad]

Dear All
I have posted this Q on behalf of my friend
Kindly go through this post and clear my queries!

My friend who is working here,is due to apply for her ILR shortly.She is currently under Tier 1 G(PBS) (3+2 years).
Her husband who regularly visits UK(does not work here) has obtained his Tier 1 G dependent visa from India
(Aug 2011-Aug 2013).

My questions are

1) Which form my friend has to use for ILR -is it SET(O) ?

2) Can her husband apply for ILR here as dependent when he completes 2 years as dependent under Tier 1(along with the main applicant during his next visit) ? if so which form to use? ?
If he can not apply here, can he apply for ILR/Settlement in India,once my friend receives ILR here?

3) If my friend applies and gets her ILR here,would it automatically cancel the Tier 1 G dependent visa of her husband?

Please guide us with your valuable input.

Thank you

Warm regards
Kosgad

[hsmpilr]

Dear All
I have posted this Q on behalf of my friend
Kindly go through this post and clear my queries!

My friend who is working here,is due to apply for her ILR shortly.She is currently under Tier 1 G(PBS) (3+2 years).
Her husband who regularly visits UK(does not work here) has obtained his Tier 1 G dependent visa from India
(Aug 2011-Aug 2013).

My questions are

1) Which form my friend has to use for ILR -is it SET(O) ?

Yes. For people on Tier-1 general SET(O) is the form for settlement.

2) Can her husband apply for ILR here as dependent when he completes 2 years as dependent under Tier 1(along with the main applicant during his next visit) ? if so which form to use? ?
If he can not apply here, can he apply for ILR/Settlement in India,once my friend receives ILR here?

It is always better to apply along with main applicant (i.e while your friend is applying for ILR). Appying seperately will require SET(M) which has had quite a lot of complications. Nevertheless, even if her husband is going to apply outside UK, has he completed Life-in-the-uk test ? This is a must for applying for settlement even if a person is dependent.

3) If my friend applies and gets her ILR here,would it automatically cancel the Tier 1 G dependent visa of her husband?

Not sure.

Please guide us with your valuable input.

Thank you

Warm regards
Kosgad

[vinny]

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting and Dependants of ILR (economic, 5 year route) applicants.

[kosgad]

Thank you very much for your replies

I just need clarification of this statement

Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will always be subject to rules in place before 09-Jul-12. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant" and need to be "continuous". *** This may have changed? *** These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) any time during the 2 years period to become eligible for settlement.

To apply for ILR here in UK, should he have lived in UK for 2 years? As i mentioned earlier he frequently visits UK(lives in India) and absences would be more than 180 days/year.He has also booked for LIUK test.

I still need some clarification for the following question.

If only my friend applies and gets her ILR here,would it automatically cancel the Tier 1 G dependent visa of her husband?

Thank you for the guidance.

Regards
Kosgad