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Tier 1(G) dependent to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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pns
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Tier 1(G) dependent to ILR

Post by pns » Thu Dec 21, 2017 10:15 am

Hi I moved to UK in 2011 on Tier 1 G and got my ILR in Mar 2017. My wife and child moved to UK in 2012 Oct and have been living with me since then.

They (wife & kid) moved to my home country when the second child was due to be born. And more importantly they were away for more than 180 days.

Now they have completed 5 years (if I count back 5 years from now) from the first entry.

their visa is due to expire next month. Can I apply for ILR for the child 1 & wife from as PBS dependent despite of the absence of more than 180 days in a year?

Is it SET(O) that I need to fill? can I ignore the continuous residence section for them?

Please let me know your experience and knowledge.

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CR001
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Re: Tier 1(G) dependent to ILR

Post by CR001 » Thu Dec 21, 2017 11:15 am

their visa is due to expire next month. Can I apply for ILR for the child 1 & wife from as PBS dependent despite of the absence of more than 180 days in a year?
Yes. From 11th January the 180 days absence limit comes into effect for PBS Dependents. They could have already applied in October.
Is it SET(O) that I need to fill? can I ignore the continuous residence section for them?
Yes. She still need continuous residence, i.e. not have applied for a new entry clearance visa from home country during the 5 years.
Char (CR001 not Casa)
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pns
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Re: Tier 1(G) dependent to ILR

Post by pns » Thu Dec 21, 2017 12:01 pm

CR001 wrote:
Thu Dec 21, 2017 11:15 am
their visa is due to expire next month. Can I apply for ILR for the child 1 & wife from as PBS dependent despite of the absence of more than 180 days in a year?
Yes. From 11th January the 180 days absence limit comes into effect for PBS Dependents. They could have already applied in October.
Is it SET(O) that I need to fill? can I ignore the continuous residence section for them?
Yes. She still need continuous residence, i.e. not have applied for a new entry clearance visa from home country during the 5 years.

pns
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Posts: 37
Joined: Fri Jul 23, 2010 12:55 pm

ILR Eligibility for Children born outside Uk

Post by pns » Fri Jan 12, 2018 8:49 am

Hi I m settled in UK via tier 1 g route. Entered UK in Sep 2011 and got ILR in Mar 2017.

My wife and first child are applying for ILR this month as they have had the tier 1 dependent visa for 5 years now (Oct 2012 to Jan 2017).

My second child born outside UK got his entry clearance in May 2016 and entered UK in June 2016.

Should I go for extension of limited period visa for my second child? On the eligibility criteria mentioned on the below link, it does not state anything related to the period. So I m now confused whether to apply for ILR or not.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Could one of you help me on this please?

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CR001
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Re: ILR Eligibility for Children born outside Uk

Post by CR001 » Fri Jan 12, 2018 8:52 am

They can all apply together.
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pns
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Re: ILR Eligibility for Children born outside Uk

Post by pns » Fri Jan 12, 2018 9:17 am

Thanks Cr001.

But for clarity, can I ask it again?

Is my second child who has had pbs dependet visa for less than 2 years eligible for ILR?

It will be a very good news for me. all three (wife & 2 kids) can get the ilr together.

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CR001
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Re: ILR Eligibility for Children born outside Uk

Post by CR001 » Fri Jan 12, 2018 9:24 am

Is my second child who has had pbs dependet visa for less than 2 years eligible for ILR?
Yes if applying at the same time as the other parent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

pns
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ILR for dependant spouse and children only

Post by pns » Sat Jan 13, 2018 8:13 am

Hi

I have ILR via Tier 1 g route (since mar 2017) and applying for my wife and children this month.

I believe I need to use SET(O) form. If yes, why does the applicant form not consider that fact the dependants can apply separately ( or later than main applicant). All(or most) parts of the sections refer to main applicant when it says YOU/YOUR. Do I need to consider that I be the main applicant (and pay only for dependants)?

Payment Details (SET O) - page 7 section 5- main applicant reference
Applicant's detail - Page 9 - Main applicant or PBS dependant
Ddependants details - page 11 - dependant or leave blank?
KOLL - Page 15 - Section 4.1
Your home and finances - section 5 - you means?
Immigration history section 6 - page 20 - main or dependant applicant
photographs - section 8 - main + dependant?
Documents- page 74 - main + dep or just dep
Cohabition document - I dont know what evidence I can provide. Any ideas here?
Financial document evidence - main or dependant?

Hope others must have gone through this earlier. Any help on this will be much appreciated.

Thanks

vinny
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Re: ILR for dependant spouse and children only

Post by vinny » Sat Jan 13, 2018 10:05 am

I believe that the main applicant is the PBS dependant spouse. Children are dependants of the main applicant.
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.

vinny
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Re: Tier 1(G) dependent to ILR

Post by vinny » Sat Jan 13, 2018 10:10 am

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.

pns
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Posts: 37
Joined: Fri Jul 23, 2010 12:55 pm

Re: Tier 1(G) dependent to ILR

Post by pns » Sun Jan 14, 2018 11:16 am

Thanks Vinny.

I will consider my wife as main applicant and add two kids as dependants on the application form. How will the case worker know about my details if my details are not on the form and do not send my BRP/passport?

Section 5 has finance details/ If I take care of all finances what details can be provided here? My wife's bank statement will show no income/fund, etc.

Cohabitation - what evidence can be provided for this? My wife was away from UK for the first 5 months of the two year period on maternity.

vinny
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Re: Tier 1(G) dependent to ILR

Post by vinny » Sun Jan 14, 2018 1:19 pm

Could include a covering letter?
Uncertain about Section 5.
See also SET(M) form. Include evidence of subsisting marriage when apart?
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.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 1(G) dependent to ILR

Post by vinny » Sun Jan 14, 2018 1:35 pm

Just saw that there is an 'Evidence of relationship' section on page 59?
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.

pns
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Posts: 37
Joined: Fri Jul 23, 2010 12:55 pm

Re: Tier 1(G) dependent to ILR

Post by pns » Fri Mar 16, 2018 4:24 pm

Dear members,

I am happy to tell that the ILR for my wife and kids were approved last week. I must appreciate everyone's effort in helping each other on this forum.

I started using this forum in 2010 and it has been my got to site for any Uk visa query.

Thank you very much for your help.

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