After Getting ILR

tier-1 · Post by **tier-1** » Thu Feb 14, 2013 8:53 pm

Hello Friends,

I am on tier-1 visa and my wife got tier-1 dependent visa this January. I am due for PR this Apr. Once I get a PR, do I need to get do anything for my wife's visa?

Will that become void because that was given on my tier-1 visa which would cease to exist once I move to PR.

Thanks for your replies.

Regards.

db83 · Post by **db83** » Thu Feb 14, 2013 9:05 pm

When does her Tier 1 expire ?

This is what the automated response from UKBA says

Dependants of Points Based System (PBS) Migrants
Q. I am the dependant of a PBS Migrant who has now become settled in the UK. Do I need to switch into the ‘Partner of a Settled Person’ category?
A. This will depend on how the PBS Migrant applied for settlement. If they were granted on the basis of being a PBS Migrant (under Tier 1 or Tier 2) then you will not need to switch and you can apply for an extension as a PBS dependant until you meet the requirements for settlement yourself.
If the PBS Migrant applied for settlement under the Long Residency provision, then you can no longer be considered as a PBS Dependant and you must apply for Leave to Remain as the ‘Partner of a Settled Person’ on application form FLR(M).

tier-1 · Post by **tier-1** » Sat Feb 16, 2013 3:40 am

db83 wrote:When does her Tier 1 expire ?

Its actually me that hold tier-1 visa/ My wife is dependent. So when will my wife need to apply for the extension?

Post by **vinny** » Sat Feb 16, 2013 5:19 am

Before her leave expires.

tier-1 · Post by **tier-1** » Sat Feb 16, 2013 1:42 pm

Does that need fee again? Can this extension be done from out of UK?

Post by **Greenie** » Sat Feb 16, 2013 2:42 pm

tier-1 wrote:Does that need fee again? Can this extension be done from out of UK?

Yes oshe will need to pay a fee. An extension can only be applied for from within the UK. If she applied from outside the UK it would be a fresh visa application and she would not be able to apply as a PBS dependent from outside the UK, she would have to apply as the spouse of a settled person instead. She should make the application from within the UK before her leave expires.

tier-1 · Post by **tier-1** » Sat Feb 16, 2013 4:30 pm

Thanks Greenie for reply.

I am really in an strange situation now.

My wife got a visa in January. She will be here in Feb end. I am planning to apply for PR in Mar and go to US after that. I have read through the set(o) guidance but got confused. I have three questions now. Please answer this for me. Many Thanks in advance for this.

Can I include my wife as dependent in the set(o) application I file in March?
Will there be additional cost if I include my wife as dependent?
Does my wife need to clear "Life in UK test"?

If I do not include my wife in March application, will she able to apply as partner of settled person from US. I will also be in US at that time?

Regards

tier-1 · Post by **tier-1** » Sat Feb 16, 2013 7:13 pm

Thanks Greenie for reply.

I am really in an strange situation now.

My wife got a visa in January. She will be here in Feb end. I am planning to apply for PR in Mar and go to US after that. I have read through the set(o) guidance but got confused. I have three questions now. Please answer this for me. Many Thanks in advance for this.

Can I include my wife as dependent in the set(o) application I file in March?
Will there be additional cost if I include my wife as dependent ? Will it be cheaper than my wife applying separately?
Does my wife need to clear "Life in UK test", if I include her in the same application?

If I do not include my wife in PR application in March, Will she able to apply as partner of settled person when we have moved to US, say by May. I will also be in US at that time. Will that affect on her eligibility to apply ?

Many Thanks for any reply.

Regards

uksettlement · Post by **uksettlement** » Sat Feb 16, 2013 7:19 pm

tier-1 wrote:

Can I include my wife as dependent in the set(o) application I file in March?
No she won't be eligible for ILR as she hasn't completed 2 years of cohabitation.

Will there be additional cost if I include my wife as dependent ? Will it be cheaper than my wife applying separately?
It is cheaper to include dependants in the set o application over dependants applying on their own.

Does my wife need to clear "Life in UK test", if I include her in the same application?
When your wife is eligible she will have to pass life in uk test.

tier-1 · Post by **tier-1** » Sat Feb 16, 2013 7:26 pm

Hello UKSettlement,

Many Thanks for your reply.

Can you tell what will be the best course for me if I want my wife to have the UK dependent visa?

I am on tier-1 now valid till 24 May-2013.
My wife got dependent visa in January 2013 valid till 24-May-2013.
I want to apply for PR in March and go to US (for say 6 months time).

Will she be able to apply from and when we move to US.

Regards

tier-1 · Post by **tier-1** » Sat Feb 16, 2013 9:22 pm

Greenie wrote:
tier-1 wrote:Does that need fee again? Can this extension be done from out of UK?
Yes oshe will need to pay a fee. An extension can only be applied for from within the UK. If she applied from outside the UK it would be a fresh visa application and she would not be able to apply as a PBS dependent from outside the UK, she would have to apply as the spouse of a settled person instead.

Can my wife apply as "The spouse of a settled person" even if I am not living in UK at that time?

Post by **vinny** » Sun Feb 17, 2013 12:45 am

tier-1 wrote:Can my wife apply as "The spouse of a settled person" even if I am not living in UK at that time?

That may be difficult, unless

If the sponsor has temporarily traveled abroad to accompany the applicant in making the application, this will not prejudice the sponsor's present and settled status. Such absence from the UK is not of itself a reason for refusal.

tier-1 · Post by **tier-1** » Sun Feb 17, 2013 6:29 am

Many Thanks Vinny.

This information from you is really vital and a rare one to possess. Thanks again.

tier-1 · Post by **tier-1** » Sat Feb 23, 2013 10:22 am

Hey,

My wife got a dependent visa in Jan-2013 and which is valid till May-2013. I was trying to book an appointment FLR(M) for my wife as I would be switching from tier-1 visa to ILR in March. I came across this link below which says that FLR(M) application cannot be made by someone who has permission to stay for a period of less than 6 months. My wife's dependent visa is valid for four months only, Jan till May. So what should I do? Which category of appointment should I book for my wife.

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

Many Thanks for your reply.

Post by **vinny** » Sat Feb 23, 2013 10:44 am

PBS dependent, unless you are applying for ILR under Long residence.

Better to apply in the UK.

tier-1 · Post by **tier-1** » Sat Feb 23, 2013 11:42 am

Thanks Vinny for the reply, but am still confused.

Which form would my wife use? I did not find any form for extension of dependent leave to remain.
Thanks

Post by **vinny** » Sat Feb 23, 2013 11:53 am

How dependants can extend their stay

tier-1 · Post by **tier-1** » Sat Feb 23, 2013 12:07 pm

Hey Vinny,

Thanks for your reply.

This is exactly the link I visited before having written my previous post. But the problem is that the forms available on that page

http://www.ukba.homeoffice.gov.uk/sitec ... ation1.pdf

does not seem to be for extension, rather it looks like for the first time dependent application. Is this the right form?

Post by **vinny** » Sat Feb 23, 2013 12:25 pm

According to the UKBA, it's the correct form.

tier-1 · Post by **tier-1** » Thu Mar 14, 2013 9:34 pm

Hello Friends,

I got ILR today and now want to apply for my wife's dependent visa. She is currently in UK on tier-1 dependent visa and needs to switch over. I was trying to figure out if my wife could apply before my biometric card arrives ( before April, to be precise, so as to avoid fee and also the huge rush of applications as April closes in ).

The "Tier-1 PBS dependent" application asks only for latest application reference of the main applicant.

C4; What is the reference number for the most recent application of the PBS main applicant you are dependant on?

I have got a reference number in the letter the case-worker handed over today and therefore don't see any issue in sending my wife's application by post.

Just wanted to find out if I am right? Am I missing something.

Thanks.

tier-1 · Post by **tier-1** » Sun Mar 17, 2013 10:16 pm

Hey All, After I got ILR, Can I apply the dependents' visa extension ( Tier-1 PBS Dependent ) immediately or I can apply only 28 days before the expiry of dependent's current visa?

Post by **vinny** » Sun Mar 17, 2013 10:22 pm

Extensions (further leave to remain) are not subject to any 28 days restrictions.

tier-1 · Post by **tier-1** » Sun Mar 17, 2013 11:09 pm

Thanks Vinny for the reply.

With regards to bank statement of last 90 days that needs to be attached for my wife's visa application, can I submit my own bank account statements. The below sentence in policy guidance is confusing me.

the name of the main applicant and/or your name, or (for children only) the name of your other parent who is also legally present in the United Kingdom;

Or does my wife need to be either joint account holder with me or owner of the account?

Thanks.

Post by **vinny** » Sun Mar 17, 2013 11:56 pm

tier-1 wrote:does my wife need to be either joint account holder with me or owner of the account?.

Neither, I think, because of the 'or'.

Aren't the requirements similar to her initial dependant application?

tier-1 · Post by **tier-1** » Mon Mar 18, 2013 8:14 am

Hello Vinny,

The current fee PBS dependent as shown on Tier-1 PBS dependent Application form is showing is £561.

What will the fee for my wife (dependent ) be be after April-06? I moved from Tier-1 to ILR last week.

I am asking this question because I don't see the figure £561 in the new fee published. Moreover that document shows the following:

Tier 1 - (General) Standard - all dependents £750 £1,159

This says current fee £750 . And that why I am confused. Dont think this line is for me.

Thanks.

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After Getting ILR

After Getting ILR