To extend or not to extend? That is the question (for Dependants of Tier 1 General migrants)

By 1st 4Immigration - #1 UK Immigration Experts -
That is indeed the question of the moment. The last Tier 1 General extensions will be in April 2015, so we are often asked about dependants, ie partners and children of those holding a Tier 1 General visa.

So, what are the Rules for dependants after 5 April 2015? And what if they won’t qualify for an ILR in April 2018 when the ILR applications based on Tier 1 General will be stopped?

The answer is: “Don’t panic!” The dates of April 2015 for extensions and 2018 for an ILR is only for the main Tier 1 General migrants and NOT for Dependants. A ‘main’ visa is a main visa and a ‘dependent’ visa is a dependent visa and they are actually completely different things, issued under the different parts of the Immigration Rules! They don’t mix for an ILR (you can’t count 5 years for an ILR partly on main and partly on dependent visas) and they have very different requirements.

So, to be clear: the announced restrictions apply only to the Tier 1 General migrants and not to their dependents. Those holding a Tier 1 Partner visa (which is the same for partners of, say, Tier 1 Entrepreneur visa holders) can continue to extend their dependent visas beyond April 2015 and even beyond 2018.

Most partners now need 5 years in the UK on dependent visas to qualify for an ILR and interestingly, they can continue to get a dependent visa even after the main PBS migrant has secured an ILR (based on a 5 year route under the PBS) and –even more interestingly – after the main PBS migrant has become a British Citizen. How? It’s a matter of a separate post later.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

 

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