ILR and Tier1 dependent appication

[ranarehan]

I have been a silent observer and this is my post to the topic so hi to all

I am currently on Tier 1 General (main applicant) and applying for ILR on 5 years route. My wife got dependent visa in 2014, which is expiring the same time as mine in May, and is only in UK for 2 years. By reading other posts and FAQs in the forum I understand that it is better for her to apply for Tier 1 Dependent extension to keep the ILR clock running.

I have two questions: (apologies if they are already answered - please point me to the posts if so)

• Can we both apply in person on the same date & same appointment? if no, please suggest a safe way?
• Does my wife need to be continuously living in UK i.e. not living outside UK for > 180 days in any 12 months period, to be eligible for ILR after 3 years?
  

Thanks!

[CR001]

Can we both apply in person on the same date & same appointment? if no, please suggest a safe way?

Yes. You will need two separate appointments for the appropriate applications each of you are making. Book your dependents appointment a couple of hours after yours.

Does my wife need to be continuously living in UK i.e. not living outside UK for > 180 days in any 12 months period, to be eligible for ILR after 3 years

No, the absence limit does not apply to dependents but her absences should be limited and for good reason, ie. she should not live in home country for 2.5 years and then come back only to apply for ILR (if that makes sense).

If your ILR is refused for any reason, her application will not be approved either.

[ranarehan]

Thanks for your reply!

Can we both apply in person on the same date & same appointment? if no, please suggest a safe way?

Yes. You will need two separate appointments for the appropriate applications each of you are making. Book your dependents appointment a couple of hours after yours.

Okay. So, if my ILR is approved, I assume I will be provided with a confirmation letter on the spot (?) and I have to attach this letter with my dependent's application as an evidence of my indefinite leave to remain in UK?

Does my wife need to be continuously living in UK i.e. not living outside UK for > 180 days in any 12 months period, to be eligible for ILR after 3 years

No, the absence limit does not apply to dependents but her absences should be limited and for good reason, ie. she should not live in home country for 2.5 years and then come back only to apply for ILR (if that makes sense).

Hmm .. that makes sense but a good reason that I think is a good reason to stay outside of UK for few months might not be a good reason for case worker appreciate if someone can share what could be example good reasons and what is safe time in any 12m period to stay outside of UK for a dependent - I know nothing is for sure.

If your ILR is refused for any reason, her application will not be approved either.

I hope that does not happen

[CR001]

If you are both applying on the same day, HO will have the record if your ILR is granted.

Good reason for absence is : visiting family in home country, holidays etc. The longer she is away, the more evident and proof you will have to submit to prove subsisting marriage and cohabitation. ILR requires residence.

If your ultimate aim is to get citizenship for both of you, you need to keep the absence limits in mind for this as there is no discretion either.

[ranarehan]

If you are both applying on the same day, HO will have the record if your ILR is granted.

Can you please also shed some light on: if we book dependent's in-person appointment a week later than my appointment, what evidence we will attach with dependent's application to show that ILR has been granted for main applicant?

Just trying to explore possible options to see what works best in our situation. Appreciate your help!

Good reason for absence is : visiting family in home country, holidays etc. The longer she is away, the more evident and proof you will have to submit to prove subsisting marriage and cohabitation. ILR requires residence.

Got it.

If your ultimate aim is to get citizenship for both of you, you need to keep the absence limits in mind for this as there is no discretion either.

Not sure I fully understood this with comparison to your previous statement

[CR001]

1. You can use your letter you get at your ILR appointment or wait for your BRP.

If your ultimate aim is to get citizenship for both of you, you need to keep the absence limits in mind for this as there is no discretion either.

Not sure I fully understood this with comparison to your previous statement

Citizenship is granted under different laws to ILR and leave to remain immigration rules. There are absence limits for British Citizenship and there is no discretion on these. So if your spouse is going to plan to be away for extended periods but wants BC after ILR, you need to keep the absence limits for BC in mind for citizenship.

[ranarehan]

1. You can use your letter you get at your ILR appointment or wait for your BRP.

What would you suggest either to wait for BRP or safe to use the letter? I have no idea what does letter say...

Also, I just read the post about PEO appointments (which was very helpful!): http://www.immigrationboards.com/genera ... 72749.html. When I try book an appointment, their system is asking me to pay £2,375 - I thought I only had to pay £100 for booking fee and pay the rest when I go for in-person appointment? (probably things are changed in last 3 years)

Do you know if I get all the money back if for whatever reason I cancel the appointment 5 working days from the day of appointment?

Citizenship is granted under different laws to ILR and leave to remain immigration rules. There are absence limits for British Citizenship and there is no discretion on these. So if your spouse is going to plan to be away for extended periods but wants BC after ILR, you need to keep the absence limits for BC in mind for citizenship.

Gotcha, thanks for clarifcation!

[CR001]

You pay the whole fee when you book the appointment online. They no longer accept payments at the premium centre.

Your appointment must be for you only, no dependents. Your spouse appointment must be for her only.

The letter you get won't say 'ILR granted'. It will only say something about your BRP card.

You can both apply on the same day, HO will have access to your ILR being granted and many people do this as well and have not had problems.

[ranarehan]

You can both apply on the same day, HO will have access to your ILR being granted and many people do this as well and have not had problems.

Alright.

Am I right in thinking that if we both book two different appointments on the same day (reckon with 3-4 hours difference) then:

• we will loose £200 (£100 booking fee per person) if we both miss our appointments?
• if, god forbid, ILR is refused or requires further checks then we will loose £100 booking fee because my wife cannot apply?
• if we cancel appointments 5 working days before the appointment date then we get ALL money back?

[ranarehan]

can anyone answer the questions above please?

[ranarehan]

anyone?