Calling all Experts / Moderator

[zahidm]

Its my first post and I am really impressed by the quality of the Forum and the way it is being managed.

Just wanted to put in prospective, here are my timelines:


Status: Tier 1 G Migrant
1st Visa issued: 10-Feb-2010 (ofcourse before the rules changed in April 2010)
Visa Issued for: 3 Year
Entered UK: 20-April-2012
1st Extension: 10-Feb-2013
1st Extension issued for: 2 Years
Visa Validity: 10-Feb-2015


Wife Initial Visa issued: 10-Feb-2010
Visa Issued for: 3 Years (Never Availed it)
2nd Visa Issued: 1st March-2013
Wife Entered UK: 23-March-2013
Visa valid till: 10-Feb-2015

3 Children (aged 2 to 6) Visa Issued: 1st March-2013
3 Children (aged 2 to 6) Entered UK: 23-March-2013
Visa Valid Till: 10-Feb-2015


Right, with above in mind and the fact that there will be no more extensions after 5-April-2015 and no ILR after 5-April-2018; I need to make sure that we all go through the ILR stage


Query No.1:
I am sure that my children can apply for an ILR with me? Just wanted to confirm Is it correct?

Query No. 2:
My wife was initially granted 3 Years which was never availed 10-Feb-2010. But does she fall under the rule of spending 2 Years in UK or will it be 5 Years for her?

Query No. 3:
Since I am on T1 (3+2) visa, how long would be my next visa issued for 2 Years or 3 Years?

Query No. 4:
My ILR would be fine if I am given next extension with 3 Years. However, If my next Extension is 2 Years, I assume I would requiring 2 Extensions to make it for my ILR before 5-April-2015?

Query No. 5:
And the last but the most important question being: Are Tier 1 Dependends allowed to extend their visa after 5-April-2015?

The reason being,If my wife has to spend 5 years here; she would get ILR in 23-March-2018. I would have got my ILR by 20-April-2017. Can her visa be converted to Spouse visa; or Are Tier 1 Dependends allowed to extend their visa after 5-April-2015?




Can Senior members / moderators can help considering the timelines mentioned above please?

[Amber]

See also, FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting (click).

[zahidm]

Right, Thanks for your guidence Amber: Most of the queires have been addressed.

However, Can you kindly help in advicing following two queries of mine, I am unable to find its answers.

Query No. 2:
My wife was initially granted 3 Years which was never availed 10-Feb-2010. But does she fall under the rule of spending 2 Years in UK or will it be 5 Years for her?

Query No. 5:
Are Tier 1 Dependends allowed to extend their visa after 5-April-2015? The reason being,If my wife has to spend 5 years here; she would get ILR in 23-March-2018. I would have got my ILR by 20-April-2017. Can her visa be converted to Spouse visa; or Are Tier 1 Dependends allowed to extend their visa after 5-April-2015?

Can you kindly help in providing its responses please?

[Amber]

Did your spouse actually come to the UK with the first leave or not, was the second leave to enter also?

[zahidm]

Hi Amber,

Regarding my Wife Her first visa was issued on 10-Feb-2010 and she never came to UK; and hence never availed it. It was valid till 10-Feb-2013.

Her 2nd Visa was Issued on 1st March-2013 and she did came to UK on 23-March-2013. It is currently valid till: 10-Feb-2015.


Your response would be highly appreciated please.

[Amber]

The issue that she didn't extend the first leave in the UK. Instead she applied for new EC as a PBS dep, thus, I think she would be under the 5 year route as granted leave as a PBS dep after July 2012. If you settle as a PBS applicant, then the PBS dep may continue as a PBS dep until they qualify fir settlement, they may also extend as a PBS dep.

[zahidm]

Hi Amber,

Thanks for your kind response. Just wanted to clarify your last statement:

"If you settle as a PBS applicant, then the PBS dep may continue as a PBS dep until they qualify fir settlement, they may also extend as a PBS dep."

After Recent Rules that changed in April 2014; I belive there is a cap on further extensions beyond 6-April-2015.

My Query is:

Does the above cap of no further extensions beyond 6-April-2015 is applicable to Main Applicant only or is it applicable to Dependants as well? If it not applicable to Dependants, would it be fine to apply for their extension beyond 6-April-2015?

Thanking in advance.

[Amber]

If the main applicant is settled the deps should be able to continue as PBS depa until they qualify for settlement.

[zahidm]

Hi Amber,
Your support is really great. Thanks for your responses.

I tried finding any link corresponding to your statement. However, was unable to find any corresponding Rule on UKBA website. I was just wondering if there is any UKBA Link that confirms your previous statement:

"If the main applicant is settle the deps should be able to continue as PBS depa until they qualify for settlement." (i.e. it would be fine to apply for Dependents extension beyond 6-April-2015?)

I hope you understand my concern and I am in no way trying to prove it wrong or otherwise.

Looking forward for your kind support

[Amber]

Changes are being made to signal the Government‟s intention to close the category for extension applications on 6 April 2015, and for settlement applications on 6 April 2018.

This should give time for those on current leave to apply for ILR. Such a rule would apply to main applicants not their deps. You would have to make sure you extend by April 2015 or switch and settle by April 2018 but not deps as they fall under dep rules rather than PBS applicant rules.