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Tier 1 dependant's ilr

Posted: Wed Dec 05, 2012 10:19 pm
by wanderer123
My ilr is due dec 2012 on 5 yr tier 1 general.

My wife joined me in uk as tier 1 dependant in June 2011 so her 2 yrs will be completed in June 2013.

My tier 1 is valid till jan 2014 so is my wife's tier 1 dependant visa.

Question
If I get ilr now, would my wife need to apply for any visa (flr m) ?

A solicitor tells me that she need not apply for any visa and can stay as tier 1 dependant until she completes her 2 yrs? Is that true?

We are travelling in march 2013 so don't know whether she will be allowed entry as tier 1 dependant?

Thanks
Ali

Posted: Thu Dec 06, 2012 3:38 am
by arifahmmed
She need to apply for further stay as a dependant of a settled person . Check the link
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

Posted: Thu Dec 06, 2012 6:57 am
by ilrdep
Hi ,

She does not need to apply for FLR(M) , she can continue to stay and travel as PBS dependent.

Please refer following link from SusadMehta.

Dependants of ILR (economic, 5 year route) applicants:
http://www.immigrationboards.com/viewtopic.php?t=114832

and this may also help you
http://www.immigrationboards.com/viewtopic.php?t=118670

Posted: Thu Dec 06, 2012 11:58 am
by wanderer123
thanks for your comments, certainly very helpful but I am unfortunately still confused. I gather this much that i dont necessarily need to apply for flr(m).

However I am still not clear on the following:

1. If i get ilr now then would my tier 1 will be cancelled (right?) i.e. my wife's tier 1 dependant visa would be cancelled as well? Hence she may not be able to come back into country.

2. Do we have an option of doing nothing about her visa status, her tier 1 dependant expires in Jan 2014 which is long enough for her to complete 2 yrs requirement by june 2013. Or i still need to make a new application? I dont want to change her visa type i.e. from pbs dependant to flr(m) as then she might have to complete 5 yrs on the new flr(m).

many thanks for your advice
Ali

Posted: Fri Dec 07, 2012 5:25 pm
by arifahmmed

Posted: Fri Dec 07, 2012 9:07 pm
by ilrdep