Switch Tier 1 independent to ILR dependent within UK ?

[skum]

thanks for all the replies. Cleared lot of confusion..and understood rules..

Sep08T1Applicant, what I understood is that - all the rules regarding 319E will come to affect from 1st October not 28th.

As for my case, my husband is not eligible to apply for ILR before march 2014. So I am thinking to directly apply for FLR(M) along with his ILR application. But one confusion is still there- which is better Tier 1 dependent (which I can apply from 1 oct) or FLR(M). Plus I counted my years - I will complete continuous 10 year in UK in 2016 which is before
I will complete 5 years as dependent either as FLR(M) or Tier 1 dependent.

So which visa is better for application for settlement based on continuous 10 years rule - Tier 1dependent or FLR(M)?

[Amber]

FLR(M) is cheaper.

[skum]

Many thanks to all for your reply. Two more queries

Can I apply FLR(M) along with my husband's ILR application??

My son was born in UK and is husband's dependent. If I dont have ILR- is he still eligible for British citizen or we need to apply for his ILR?

[vinny]

Yes, to both questions. However, if he's applying by post and you have sufficient leave, then perhaps you should wait until your husband is granted ILR. Else, ask for them to process your application after his ILR has been decided.

Your UK-born son will be entitled to register for British citizenship after a parent is granted ILR.

[vinny]

Congratulations!

I am still thinking what to do...Whether to apply for Tier 1 dependent or FLR(M). FLR(M) is cheaper but not sure I can directly apply without becoming PBS dependent first..

[vinny]

You may apply for FLR(M) directly, as stated above.

[skum]

thanks. But I was just reading the new PBS dependent forms and guidelines

its says -that if I need to apply as PBS dependent - Please check this http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf
Page 1 point 3 "If you are applying as the dependent of a person who has indefinite leave to remain, or
British Citizenship, you should read this guidance as if they were still in their last PBS immigration
category. For example if the person with indefinite leave to remain last held PBS leave in Tier 1,
you should read the guidance as if you are applying as the dependant of a Tier 1 migrant."

Obviously I'll prefer FLR M as its cheaper - please advise

[vinny]

If an applicant satisfies multiple categories under the Immigration rules, then it's the applicant's choice on what to apply for.

In your circumstances, you may apply as a PBS dependant only while your spouse is a PBS holder. If you were not previously a dependant and your spouse was granted ILR, then you may apply for FLR(M).