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Extension of Leave to Remain as dependent of ILR partner

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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amitpatel1185
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Extension of Leave to Remain as dependent of ILR partner

Post by amitpatel1185 » Thu Oct 23, 2014 11:37 am

I would like to get some advice on application of extension as ILR partner.
I am currently having Tier 1 General visa and eligible for ILR in April 2015. My wife is also Tier 1 dependent visa who is not eligible for ILR along with me. She need to complete 5 years as per new rules in 2012.
I would like to know which application can i make for her to leave to remain once i get my ILR?
I was been told to apply for FLR (M) but in the applicaiton form says:
You must not use this form to make an application for an extension of stay in the following categories:
• As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant. See our website for further details: https://www.gov.uk/visas-immigration

Please advice which form do i need to use for her application?

Thank you very much

Obie
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by Obie » Fri Oct 24, 2014 12:08 am

Your wife can continue using PBS dependent route until she qualifies, provided you secure ILR through PBS.
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amitpatel1185
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by amitpatel1185 » Fri Oct 24, 2014 8:17 am

Thank you very much Obie. PBS means Tier 1 General dependent extension?
can't see apply under FLR ??

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CR001
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by CR001 » Fri Oct 24, 2014 5:24 pm

If she applies to switch to FLR(M), it will resent her clock for ILR and she will be on a new 5 year route to settlement, which includes an extension after 2.5 years of the initial visa and meeting all the requirements of English A1 and the financial requirement at each stage.

If you obtain ILR through 5 years Tier 1 (PBS), then it will be quicker for her to stay on Tier 1 dependent, depending on how long she has already been in the UK.

She would not be able to use the time on Tier 1 dependent towards her 5 years if she switches to FLR(M)
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amitpatel1185
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by amitpatel1185 » Fri Oct 24, 2014 8:51 pm

Thank you very much for your information.
She has been on Tier 1 dependent for almost 2 years so it will be another 3 years to go. I will apply Tier 1 dependent for her.

amitpatel1185
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by amitpatel1185 » Mon Dec 22, 2014 12:21 pm

Hi CR001,
Your information was a bit new for me as I tried to find this information to UKBA website as well as I checked with couple of immigration agents but can not get clear answer clock reset eventually I was drawn in to confusion about it.
May I humbly request to find that bit of information from wherever you have got this about please!!

Many Thanks

Regards
Amit

vinny
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by vinny » Mon Dec 22, 2014 12:27 pm

I agree with CR001.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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amitpatel1185
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by amitpatel1185 » Mon Dec 22, 2014 12:47 pm

Hi Vinny,
Is it possible to paste information from origin of source please!! As I have only few months left before applying my ILR and I have been put in to a big confusion through various opinion so can not decide what should I go for!! Once I will have solid piece of information I can rely on it and start preparing for visas.

Thank you

Regards
Amit

vinny
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by vinny » Mon Dec 22, 2014 2:03 pm

vinny wrote:Please click on any given links for further information.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

amitpatel1185
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Posts: 26
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by amitpatel1185 » Mon Dec 22, 2014 3:15 pm

I am sorry but i cant find any link for further information

vinny
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Re: Extension of Leave to Remain as dependent of ILR partner

Post by vinny » Mon Dec 22, 2014 10:04 pm

vinny wrote:agree
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

amitpatel1185
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ILR Application by Dependent

Post by amitpatel1185 » Wed Jan 14, 2015 5:33 pm

Could anybody help on my case for ILR application by my wife.
I have been on Tier 1 General visa from 16 April 2010 and eligible for ILR in April 2015 (3+2). My wife also got Tier 1 Dependent on 16 April 2010 along with my application. but she went to india in March 2013 and got her second 2 years extension in May 2013. So she has got 40 days gap between extension.
I have contacted several Solicitors and they all says that she need to stay for 5 years from May 2013 as per new rules introduce in july 2012. They said UKBA wont consider her first 3 years of Tier 1 dependent as those visa expired in 16 April 2013 and new visa were issued in May 2013.
Today I called UKBA and they said she can apply for ILR along with me in April 2015. They said july 2012 rules wont apply to her as she came to this country before that.
UKBA wont provide any proof of call or written information which We can keep for supporting purpose.
Could anybody suggest me on my case weather she can apply for ILR or not?

amitpatel1185
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Posts: 26
Joined: Sun Oct 12, 2014 6:43 pm

ILR Application by Dependent

Post by amitpatel1185 » Wed Jan 14, 2015 5:39 pm

Could anybody please help on my case for ILR application by my wife.
I have been on Tier 1 General visa from 16 April 2010 and eligible for ILR in April 2015 (3+2). My wife also got Tier 1 Dependent on 16 April 2010 along with my application. but she went to india in March 2013 and got her second 2 years extension in May 2013. So she has got 40 days gap between extension.
I have contacted several Solicitors and they all says that she need to stay for 5 years from May 2013 as per new rules introduce in july 2012. They said UKBA wont consider her first 3 years of Tier 1 dependent as those visa expired in 16 April 2013 and new visa were issued in May 2013.
Today I called UKBA and they said she can apply for ILR along with me in April 2015. They said july 2012 rules wont apply to her as she came to this country before that.
UKBA wont provide any proof of call or written information which We can keep for supporting purpose.
Could anybody suggest me on my case wether she can apply for ILR or not?

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