Tier 1 Dependent extension and main Tier 1 ILR

[nvevgvitup]

Hi Friends,

I am planning to apply for ILR 5 Years route in Jan 18 and I want to apply ILR for my Family as well. But I have a unique case and can't find details in UK Govt Visa & Immigration website. Hence need your help.

I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013
applied for Family's visa as Tier 1 Dependent in June 2013
Family joined me in UK on 2nd July 2013.

While looking at rules of Dependant's ILR I found that for Dependant applicant to be Eligible for ILR they should have stayed in UK for:
2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

So the Question is: What Date will be considered as date applied for current visa?
a. Main Applicant's (Jan 2010)
b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)

[Casa]

Hi Friends,

I am planning to apply for ILR 5 Years route in Jan 18 and I want to apply ILR for my Family as well. But I have a unique case and can't find details in UK Govt Visa & Immigration website. Hence need your help.

I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013
applied for Family's visa as Tier 1 Dependent in June 2013
Family joined me in UK on 2nd July 2013.

While looking at rules of Dependant's ILR I found that for Dependant applicant to be Eligible for ILR they should have stayed in UK for:
2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012 This one.

So the Question is: What Date will be considered as date applied for current visa?
a. Main Applicant's (Jan 2010)
b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)

[CR001]

I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013

What date did you first enter the UK? Your post is NOT clear at all.

For PBS Dependents, the date of ENTRY to the UK is the start of the 5 year qualifying period, so July 2018.

[nvevgvitup]

I have applied for Tier 1 Visa in June 2010
went back in Feb 2012 and extended my Tier 1 visa Feb 2015.
returned to UK in Feb 2013

What date did you first enter the UK? Your post is NOT clear at all.

For PBS Dependents, the date of ENTRY to the UK is the start of the 5 year qualifying period, so July 2018.

Hi CR001, Thanks for your response. I first entered in UK on Jan 2010 but I was out of UK from Feb 2012 to Feb 2013.

As you said 5 years period and hence they are eligible from July 2018. But thier Tier 1 Dependant Visa Expires on 19th Feb and Tier 1 Extentions are no possible anymore. So I think they have to apply under another Visa Category i.e. apply as the partner of a person settled in the UK.

[CR001]

Unless you have 180 days or less absence per 12 month cycle, you won't qualify for ILR either as absence of more than 180 days in any 12 month period breaks continuity of residence.

[nvevgvitup]

Unless you have 180 days or less absence per 12 month cycle, you won't qualify for ILR either as absence of more than 180 days in any 12 month period breaks continuity of residence.

Thanks CR001, I am counting my 5 year period from Feb 2013 and apply in Mid-Jan 2018.

[CR001]

Fine then if you meet the requirements. Your dependents will not qualify at the same time as you though.

When do their visas expire?

[nvevgvitup]

Fine then if you meet the requirements. Your dependents will not qualify at the same time as you though.

When do their visas expire?

Because they are dependant hence their Visa expires on Feb 2018 but Tier 1 visa can't be extended anymore. So I think I have apply for another visa for them i.e Dependant of settled person in UK.

IF their Tier 1 visa application date for Main Applicant would have been considered i.e. June 2010 then they had to stay in UK only for 2 years .

[CR001]

Because they are dependant hence their Visa expires on Feb 2018 but Tier 1 visa can't be extended anymore. So I think I have apply for another visa for them i.e Dependant of settled person in UK.

Tier 1 General dependents can still extend their visas. It is Tier 1 G MAIN applicants that cannot. They will need to apply for a Tier 1 G dependent extension to reach the 5 year residence requirement.

IF their Tier 1 visa application date for Main Applicant would have been considered i.e. June 2010 then they had to stay in UK only for 2 years

Your dependents did not apply for a visa at that time so not sure why you think this is even relevant to them. Their qualifying period has nothing to do with when you first applied in 2010 as they only applied in 2013 and came to the UK in 2013.

[vinny]

Tier 1 (General) holders cannot extend. However, Tier 1 dependants may extend.

When did the dependants initially apply for entry clearances as dependants?

[CR001]

When did the dependants initially apply for entry clearances as dependants?

June 2013.

applied for Family's visa as Tier 1 Dependent in June 2013
Family joined me in UK on 2nd July 2013.

[vinny]

b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)

Wasn't clear what that meant?

[CR001]

b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)

Wasn't clear what that meant?

Sorry vinny, yes the OPs posts are confusing and not clear at all.

[nvevgvitup]

b. Dependant's Visa Extension after 1 and 1/2 year break (June 2013)

Wasn't clear what that meant?

Sorry vinny, yes the OPs posts are confusing and not clear at all.

Thanks Vinny and CR001. I will check If dependant's visa can be extended with Main Applicant moving to ILR.

Sorry, I don't get the option edit the OP. I will try to explain:
- Me and my Family, first applied for Tier 1 General Visa (June 2010).
- We went back in Feb 2012 but I extended only my Visa which was extended till (Feb 2015)
- I returned to UK (Alone) in Feb 2013
- Got Families visa Tier 1 Dependant visa extension on Jun 2013 and visa was granted till Feb 2015 (linked to my visa) and they came back to UK in Jul 2013
- In Feb 2015 got Tier 1 visa extension for me and my Family and visa is granted till Feb 2018

I hope its a bit clear to understand now.

[CR001]

Did their visas expire while out of the UK and if yes, when did they expire??

You cannot 'extend' a visa outside the UK.

[nvevgvitup]

hi CR001, You might be right about the Terminology. So My Families Tier 1 Dependent Visa expired on 26 July 2012 as it was not extended in time and I applied for their visa only on 18 June 2013

[CR001]

hi CR001, You might be right about the Terminology. So My Families Tier 1 Dependent Visa expired on 26 July 2012 as it was not extended in time and I applied for their visa only on 18 June 2013

Then it is a new entry clearance and a new residence requirement of 5 years. They will qualify for ILR no sooner than within 28 days before 9 July 2018. You will need to apply for an extension for them.

[nvevgvitup]

hi CR001, You might be right about the Terminology. So My Families Tier 1 Dependent Visa expired on 26 July 2012 as it was not extended in time and I applied for their visa only on 18 June 2013

Then it is a new entry clearance and a new residence requirement of 5 years. They will qualify for ILR no sooner than within 28 days before 9 July 2018. You will need to apply for an extension for them.

I think you are right CR001.
But Can my Family apply for Tier 1 Dependant extension visa when Main Applicant has moved to ILR? Is it possible that I will be on ILR and My family will be on extended Tier 1 General visa?

[CR001]

I think you are right CR001.
But Can my Family apply for Tier 1 Dependant extension visa when Main Applicant has moved to ILR? Is it possible that I will be on ILR and My family will be on extended Tier 1 General visa?

YES! The rules allow it, see link below, provided YOU apply for ILR based on Tier 1 General. You should note though that if your ILR fails, their applications will likely also fail.

immigration-for-family-members/dependan ... 14832.html

[nvevgvitup]

I think you are right CR001.
But Can my Family apply for Tier 1 Dependant extension visa when Main Applicant has moved to ILR? Is it possible that I will be on ILR and My family will be on extended Tier 1 General visa?

YES! The rules allow it, see link below, provided YOU apply for ILR based on Tier 1 General. You should note though that if your ILR fails, their applications will likely also fail.

immigration-for-family-members/dependan ... 14832.html

Thanks CR001.
Tier 1 General Dependant will cost about 2K per person and will give 5 months of additional stay and then I will have to shove another 2.5k per person in July 2018 to get their ILR .

[CR001]

Yes basically as a PBS dependent extension is for 3 years and you will also have to pay the £600 each in immigration health surcharge.

[nvevgvitup]

Yes basically as a PBS dependent extension is for 3 years and you will also have to pay the £600 each in immigration health surcharge.

So I have to first get my ILR application done and then submit my families PBS dependant application.
PBS dependent extension can it be done while dependants are out of UK?

[CR001]

PBS dependent extension can it be done while dependants are out of UK?

No you can't. They must be in the UK to apply for an extension. They also have to submit their passports and BRPs with their applications.

An application from outside the UK is a new entry clearance visa and you risk them starting a new 5 years residence period requirement.

[nvevgvitup]

PBS dependent extension can it be done while dependants are out of UK?

No you can't. They must be in the UK to apply for an extension. They also have to submit their passports and BRPs with their applications.

An application from outside the UK is a new entry clearance visa and you risk them starting a new 5 years residence period requirement.

Thanks CR001.

I was reading the Tier 1 General Dependant visa guidelines. My Family's 5 years period will be complete in June 2018 But even with Tier 1 General Dependant extension it looks not valid because as per overview https://www.gov.uk/tier-1-general

You can apply to settle as a Tier 1 (General) worker until 6 April 2018. Does this means that My Family won't be able apply for ILR in June 2018.

[CR001]

That is ONLY relevant to tier 1 general MAIN visa holders and NOT dependents.