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ILR Long Residency - Dependants - Advice pls

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CoolRant
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Joined: Fri Oct 23, 2015 8:29 am

ILR Long Residency - Dependants - Advice pls

Post by CoolRant » Tue Oct 27, 2015 10:40 pm

Hello Everyone,

Have been reading the posts for ages, and only seem to be more confused !!

Insight and advice pls....

Scenario:
Have been in UK for a bit over 10 years, currently on a Tier-1 general extension visa valid till April 2016. Original Tier-1 issued before 09-Jul-12 and extension issued before 06-Apr-14 (rules seem to be different if visa was issued after these dates).

I would be applying for ILR - Long Residency next month. Looks like they cant apply for ILR with me in the ILR Long residency route. But the issue is how and when can they do this.

My wife and kid are on tier-1 dependent visas currently in UK and have been here for more than 2 years. (both of their visas also issued before 06-Apr-14)

--> Once I get ILR (long residency) Can they directly apply for ILR - as they meet the 2 yr as dependents with visas issued before the 06-Apr-14 rule changes.

--> Some seem to point that the rule changes below applies to everyone, while some seem to be of the view that this applies to only those who were issued dependant visa after that 06-Apr-14 date
'PBS dependants of such migrants cannot apply for settlement without switching to FLR (M)'

--> It certainly looks like if any dependant applies as a dependant of a settled person - (in this case if my wife extends/or has to extend as she doesnt complete 2 yrs or was issued visa after that APR -14 date),
then her time in UK clock is essentially reset..

--> Appreciate advice insight please..
Anyone in a similar situation?
Anyone had similar experience and applied...


Cheers

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CR001
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Re: ILR Long Residency - Dependants - Advice pls

Post by CR001 » Tue Oct 27, 2015 10:52 pm

They will qualify for ILR with you ONLY if your apply on the basis of Tier 1 General. This will be the simplest and quickest way for your family.

If you apply on the basis of long residence, they have to switch to FLR(M) and start a new 5 year route to ILR. Time already spent in the UK cannot be counted or added to make up this new 5 year requirement and will be lost (except if they reach 10 years residence). They will also have to pay the health surcharge of £500 each for the first 2.5 year FLR(M) visa and you have to meet the financial requirements.

If they reach 10 years long residence, they can apply in that route too themselves.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

physicskate
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Re: ILR Long Residency - Dependants - Advice pls

Post by physicskate » Tue Oct 27, 2015 10:53 pm

If you gain ILR through long residence, the ONLY option for dependents to to apply for FLR(M) (unless a child was born in the UK, but that's another story). If they qualified for Set (LR) in their own right, they could apply for that.

By applying for FLR(M), the 5 year clock to ILR is re-set.

There are a lot of caveats in the immigration rules, but this is not really one of them.

EDIT: Beaten to it!

CoolRant
Newly Registered
Posts: 6
Joined: Fri Oct 23, 2015 8:29 am

Re: ILR Long Residency - Dependants - Advice pls

Post by CoolRant » Wed Oct 28, 2015 12:10 am

Thanks a million :)

you are awesome.. :D :D :D :D

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