Dependants' eligibility for ILR

Raj422 · Post by **Raj422** » Tue Jul 03, 2012 3:57 am

Hi everybody.

This is for my friend who is completing his 5 years in March 2013 on Tier1 Visa , hence eligible for ILR then.

His family ( wife and 2 sons 14 years and 10 years old ) came to UK in June 2011 and are on dependent tier 1 visa.

Will they be eligible to apply for ILR in March 2013 along with my friend?

Regards

Post by **Lucapooka** » Tue Jul 03, 2012 9:26 am

No, only after two years.

Raj422 · Post by **Raj422** » Tue Jul 03, 2012 9:45 am

Really appreciate quick reply.What will be their status between March and June?
Regards

Post by **Lucapooka** » Tue Jul 03, 2012 10:09 am

That depends on when their current leave expires. If it does not continue until June they will first have to switch using FLR(M). If it does continue until June they can stick as PBS migrants and then apply for ILR directly without switching.

chosenaik · Post by **chosenaik** » Tue Jul 03, 2012 11:56 am

They will have to apply for FLR(M) and be udner the 5 year rule (to get an ILR).

Raj422 · Post by **Raj422** » Tue Jul 03, 2012 12:00 pm

Confused here...Should they apply for FLR ( M ) till June 13 ( from March 13 ) or they will come under 5 years ruling..

please help...

chosenaik · Post by **chosenaik** » Tue Jul 03, 2012 12:36 pm

As they will not have completed 2 yeasr by Mar 2013, then must apply for FLR(M) when the main applicant gets ILR.

Per my consulation with solicitor, they will then come under the 5 year rule.

Post by **Lucapooka** » Tue Jul 03, 2012 4:43 pm

chosenaik wrote:They will have to apply for FLR(M) and be udner the 5 year rule (to get an ILR).

chosenaik wrote:Per my consulation with solicitor, they will then come under the 5 year rule.

No, they won't, and your solicitor has got rocks in his head if that is what he is telling you.

chosenaik · Post by **chosenaik** » Tue Jul 03, 2012 6:02 pm

Hi Lucapooka, the way my solicitor explained to me was that any PBS dependant that retains their status till they qualify for ILR will noty be affected.

However when a Tier 1 dependant becomes the dependant of an ILR holder they are no longer a PBS depndant and therefore are changing their immigration status. if this is done post 9th July then they will fall under the 5 yr rule.

I checked with the solicitors as I did not want to have to wait for another 5 yrs till my wife got the ILR, an so didnt want to risk it. I applied for FLR(M) now as soon as I got the ILR.

My apologies if this is incorrect and I have confused anyone. Its just that Ive use this solicitpr firm for a while now and theyve been pretty reliable till now.

Maybe if UKBA is sent an email they can clarify.

Post by **geriatrix** » Tue Jul 03, 2012 8:57 pm

Raj422,

When did the dependant spouse enter UK as a PBS dependants?
When is the spouse's current PBS leave due to expire?

Raj422 · Post by **Raj422** » Tue Jul 03, 2012 11:17 pm

Thanks sushdmehta,

As I mentioned my friend's wife and 2 sons ( 14 years and 10 years ) entered in June 2011 and their leave is expiring in March 2013 when my friend will be applying for his ILR.

Technically dependants will be applying for 2 months extension as they will be eligible for ILR in June 13 ( Not very sure )

Please advise

Post by **geriatrix** » Tue Jul 03, 2012 11:19 pm

The children may be included in the settlement application (as dependants).
The wife will need to switch to FLR(M) leave.

Raj422 · Post by **Raj422** » Wed Jul 04, 2012 12:00 am

Great. It means the kids can get ilr with my friend in March and his wife needs to get her visa extended for couple of months?

Thanks again

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Dependants' eligibility for ILR

Dependants' eligibility for ILR