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Tier 1 general migrant, min qualifying period for dependants

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

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Nikhil.Kaluskar
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Posts: 1
Joined: Wed Nov 03, 2010 6:14 pm

Tier 1 general migrant, min qualifying period for dependants

Post by Nikhil.Kaluskar » Thu Nov 04, 2010 6:47 am

I first arrived in UK on Thu 01 Sep 2005 on a work permit and switched to a Tier 1 (general) migrant VISA in August 2008, which is also my current VISA status. I completed 5 years in the UK on 31 August 2010 and intend to make an ILR (indefinite leave to remain) application along with my wife and 2 children from the UK.

In the last 5 years my wife along with my elder daughter was in the UK for:
- nearly 5 months from March 2006 till Aug 2006, as dependant of a work permit holder
- nearly 12 months from May 2007 till May 2008, as dependant of a work permit holder and
- over 7 months from Mar 2010 – till date, as dependant of a Tier (1) general migrant permit holder.
This makes their total stay in the UK over two years.

My younger daughter was born in UK on 23 March 2008 and has travelled from / to UK with my wife since then. Her total stay in the UK has been over 8 months.

Queries:
  • Is there a minimum qualifying period of stay for dependants of a Tier 1 (general) migrant applying for ILR?
  • Can my wife as my dependant on the same application form for ILR? Some friends suggested they cannot, as they have not been in the UK for more than 2 years as dependent of a Tier 1 (general) migrant applying for ILR. There have been conflicting responses from UKBA.
  • In case my wife is not eligible, can my children apply as my dependants on the same application form for ILR? Again there have been conflicting responses from UKBA.
  • If there is minimum qualifying period for dependents, does it apply to a child born in the UK, to a non-UK resident.
  • In either case above 2 and / or 3 if one or all of my dependents cannot apply what would be the recommended course of action?
  • I’ve got P60’s for 06-07, 07-08 and 09-10 but, I unfortunately misplaced my P45 for 08-09 when I quit my first job in the UK. I’ve managed to get a letter from my previous employer on their company letter head with the figures as they would have appeared in my P45. Would that be a problem?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Nov 04, 2010 8:57 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.

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