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ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 12:31 pm
by venture
Hi All,

I am on tier 1 and entered in UK on 29 Aug 09. I will be eligible for ilr from 28 days before 29 Aug 14. My family entered in UK on 26 Jan 11 and living with me since then.

I am planning to apply my ilr through PEO and then postal apply for dependents because of following

1) need to retain original passport & brp so that I can go to home country in case of emergency
2) my wife require some more time to pass liuk test

Please could you reply on following queries

a) my friend has suggested that dependents category will be changed on the day I will receive ilr. So that their applications for ilr (set o) will be rejected? However, their current tier 1 dep visas are valid up to Jan 2017. Can they eligible to apply for ilr separately ? If yes then can I hold their applications till their visa expiry? Is it necessary to apply for ilr together with main applicant?

b) my son is born in UK. He has tier 1 visa valid up to Jan 17, as we had traveled abroad before. We look forward to apply for his mn1 together with our British naturisation (1 yr after our ilr). So that his passport of home country will be valid to travel in case of emergency. My question is ?whether his tier 1 visa stands valid after my ilr? I hope that he can not be overstayed in UK at any point as he is born in uk.

Kind regards

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 1:38 pm
by prem_singh123
As per my knowledge once you receive your ILR, you need to apply soon ( without waiting for their Tier 1 expiry) for your dependent visa as they will no longer be Tier 1 dependent.
After your ILR your dependent cannot travel with their Tier 1 dependent visa.
Hope it helps

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 1:44 pm
by venture
Thanks for reply,

Any other views please.

Kind regards

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 1:49 pm
by varghesejim
prem_singh123 wrote:As per my knowledge once you receive your ILR, you need to apply soon ( without waiting for their Tier 1 expiry) for your dependent visa as they will no longer be Tier 1 dependent.
After your ILR your dependent cannot travel with their Tier 1 dependent visa.
Hope it helps

I dont think that is true. In fact, dependants can keep extending their visa as per the main applicants tier1 even after main applicant got ILR.

Dependants category wont get change after main applicants ILR.

Wait for a senior memebr to clarify.

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 2:09 pm
by prem_singh123
If the main Tier1 applicant get ILR so he/she no more Tier 1 applicant so their dependenta needs to change their visa to ILR or FLR (M) which ever applies. They can't stay on their original tier 1 dependent visa.plus they can't travel with tier 1 dependent visa.


varghesejim wrote:
prem_singh123 wrote:As per my knowledge once you receive your ILR, you need to apply soon ( without waiting for their Tier 1 expiry) for your dependent visa as they will no longer be Tier 1 dependent.
After your ILR your dependent cannot travel with their Tier 1 dependent visa.
Hope it helps

I dont think that is true. In fact, dependants can keep extending their visa as per the main applicants tier1 even after main applicant got ILR.

Dependants category wont get change after main applicants ILR.

Wait for a senior memebr to clarify.

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 2:14 pm
by varghesejim
prem_singh123 wrote:If the main Tier1 applicant get ILR so he/she no more Tier 1 applicant so their dependenta needs to change their visa to ILR or FLR (M) which ever applies. They can't stay on their original tier 1 dependent visa.plus they can't travel with tier 1 dependent visa.
Not true. Please see the link.

http://www.immigrationboards.com/indefi ... 50320.html

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 30, 2014 2:24 pm
by venture
thanks for feedback.

Attached link is applicable for dependents not eligible for ILR while main applicant applying for ILR. In my case depedents are eligible for ILR as they had stayed more than 2 years in UK. Please could you clarify.

Kind regards

Re: ILR applications for main applicant and dependents

Posted: Tue Jul 01, 2014 10:02 am
by venture
Hello seniors,

please could you reply

Re: ILR applications for main applicant and dependents

Posted: Tue Jul 01, 2014 11:24 am
by mrehanashraf
One thought..
You mentioned that "I don't want to apply for your spouse at PEO because of LIUK test or She may need passport in case of emergency?"

Have you thought that when you apply for her later by post how long it will take?? I think at least 1 or 2 months or may be more . So your spouse will be without passport during this period.

So my advice, apply together at PEO. You can wait for few days until your spouse clear the LIUK test.

Re: ILR applications for main applicant and dependents

Posted: Tue Jul 01, 2014 11:34 am
by venture
Thanks for reply

there is a risk of rejection of all cases in one go and can lose considerable money.

i look toward to apply for dependents within 28 days after my peo appointment.

kind regards

Re: ILR applications for main applicant and dependents

Posted: Wed Jul 02, 2014 9:54 am
by venture
May i expect comment please. It is much appreciated.

kind regards

Re: ILR applications for main applicant and dependents

Posted: Fri Jul 04, 2014 10:55 am
by venture
225 views no reply...

i believe my query is fair.

please reply

many thanks

Re: ILR applications for main applicant and dependents

Posted: Fri Jul 04, 2014 9:38 pm
by Amber
No, they will continue to be PBS deps until their leave expires, just ignore your friend.

Re: ILR applications for main applicant and dependents

Posted: Sat Jul 05, 2014 8:25 am
by venture
Many thanks Amber,

this will help me a lot...

Re: ILR applications for main applicant and dependents

Posted: Sat Jul 19, 2014 9:10 pm
by venture
Hi Amber,

sorry to bother you again however i just want to make sure.

pbs dependents visas can be valid till its expiry (after main applicants ilr) and they can apply for ilr before 28 days of their visa expiry.

kind regards

Re: ILR applications for main applicant and dependents

Posted: Sat Jul 19, 2014 10:23 pm
by Amber
Yes

Re: ILR applications for main applicant and dependents

Posted: Sat Jul 19, 2014 10:59 pm
by venture
Thanks a lot Amber

Re: ILR applications for main applicant and dependents

Posted: Fri Jun 26, 2015 12:32 pm
by alladinnuk
Hello all..

Just want to repost this question again out there in light to the recent changes ..

I, My Wife and Daughter are on ILR now as of 1st week of June 2015

My son is still on my T1G Dependant expiring 22/12/2015.

Since he is born in UK, we are going for MN1 directly for him, however the delimma is my wife and kids are travelling to India in July in school break, and my son will be on T1G Dependant whilst his mother and sister are on settlement.

Will he be stopped from entering the UK or boarding flight from India on the way back since he is still on T1G Dependant ?

Also, Could you please provide any references, if possible, so we can have as a backup if required.

Many thanks,
Waz

Re: ILR applications for main applicant and dependents

Posted: Fri Jun 26, 2015 2:25 pm
by alladinnuk
Amber ?? Seniors any views ?? Thanks A TON!

Re: ILR applications for main applicant and dependents

Posted: Fri Jun 26, 2015 2:42 pm
by rukmesh
Your son should be absolutely fine because he has a valid visa until Dec'2015. Relax and enjoy your holidays

Good luck

Re: ILR applications for main applicant and dependents

Posted: Mon Jun 29, 2015 10:56 am
by alladinnuk
Thanks Rukmesh.. Such a relief..

Could there be any references to this? Which we could carry along just in case ??

Thanks!