Options for Dependents when I apply for ILR

[Ravi.Gupta]

Hello,

I am on a Tier 2 ICT Visa. I plan to apply ILR by 15 December 2014.

My wife came over to UK on 26 Nov 2010 as a Tier 2 Partner. Apart from the shorts “out of UK” periods, she has been out of UK for 322 days , from 13 Jun 2012 to 30 Apr 2013, in one single stretch for maternity reason since then.

Also, mine and hence her visa, as my dependent, expired (on 02 Feb 2013) while she was out of UK (From 13 Jun 2012 to 30 Apr 2013). I applied visa extension for myself within UK, and she applied dependent visa from India afterwards. Here are all the dates and details

Dependent (Wife)’s Visa details
First Visa Type - Tier 2 Partner, Applied from India
First Visa Start Date - 16 Sep 2010
Date of first Landing in UK - 26 Nov 2010
First Visa Expiry Date - 02 Feb 2013

Second Visa Type - Tier 2 ICT long Term Staff Partner (Applied from India)
Second Visa Start Date - 20 Mar 2013
Second Visa Expiry Date - 24 Jan 2015

Dependent’s Out of UK dates
From 05 Jun 2011 to 23 Jul 2011 for 49 Days (inclusive of end date)
From 13 Jun 2012 to 30 Apr 2013 for 322 Days (inclusive of end date) for maternity reason
From 16 Apr 2014 - 17 May 2014 for 32 Days (inclusive of end date)

My Queries
Does she get eligible for ILR by 15 December 2014? If not, assuming no more “out of UK” periods when does she get eligible for ILR?

If my wife is not eligible for ILR by 15 December 2014
i) Presumably ILR dependent (SET ??) visa be applied for her ?
ii) Can I apply ILR along with me by 15 December for my baby? My baby born in India in Oct 2012, and first landed in UK on 30 Apr 2013.

Thanks a lot in advance.

[Obie]

Your wife will not qualify for ILR until sometime in 2018.

When she re entered, she came in under the news rules as her continuous leave as PBS dependent break whiles she was in India. She had to start again.

You child will be able to qualify for Further leave as a PBS dependent until she has acquired 5 years residence. Then both can apply for ILR.

[Ravi.Gupta]

Thanks Obie.

I believed, in general, as soon as main application gets eligible , the child also can apply for ILR along with the main applicant. Is this wrong ? or there is another rule that is causing ILR ineligibility for my child by December 15 (along with me) . Here are the child's details.

Baby born in India in Oct 2012
Child Visa Start Date 20 Mar 2013
First landed in UK on 30 Apr 2013

Would appreciate the clarifications please .

Thanks.

[Ravi.Gupta]

Your wife will not qualify for ILR until sometime in 2018.

When she re entered, she came in under the news rules as her continuous leave as PBS dependent break whiles she was in India. She had to start again.

You child will be able to qualify for Further leave as a PBS dependent until she has acquired 5 years residence. Then both can apply for ILR.

Thanks Obie.

I believed, in general, as soon as main application gets eligible , the child also can apply for ILR along with the main applicant. Is that nor right ? or there is another rule that is causing ILR ineligibility for my child along with me. Here are the child's details.

Baby born in India in Oct 2012
Child Visa Start Date 20 Mar 2013
First landed in UK on 30 Apr 2013

Would appreciate the clarifications please .

Thanks.

[Ravi.Gupta]

dear experts

I'm getting eligible for ILR in December 2014 where as wife because of continuity break will get eligible later (next year sometime i think ). I'm though querying here about my child who first entered UK first on 30 Apr 2013 (Baby born in India in Oct 2012). Can i apply ILR for my child along with me in December 2014 ? whereas I believe I will be applying ILR dependent for my wife.

thanks

[Obie]

Child will not qualify for ILR.

Will have to do it with mother.

[sunnysomerset]

Wouldnt it be more sensible to not apply for any visa for the child and then apply for citizenship for the child as soon as you've got your ILR? It'll work out cheaper as well.

[Obie]

Wonder how that will work smoothly, when child was not born in the UK and subject to immigration control, and can only be registered at the discretion of the Secretary of State.

[sunnysomerset]

It seems the child will have valid leave, since s/he entered with their mother who apparently has valid leave till next year. So as soon as the father receives his settlement the child qualifies for citizenship.

I see your point of child not being born here though, so it might indeed be complicated if the child's leave is due to expire in December along with Dad, considering all my above assumptions are wrong.

Would there be any reason for "Secretary of State"/Nationality/Citizenship office to NOT grant a child, of a parent with ILR, and born outside UK with Citizenship?

[Obie]

No I don't think the child will qualify for registration after the father.

There will be no entitlement to citizenship in the case of this OP's child.

The Secretary of State will not want to exercise her discretion under section 3(1) of the act in circumstances where the child does not have settlement.

The child will not be entitled, as a matter of Entitlement within the meaning of Section 1(3), but rather as a matter of discrtion under 3(1).

[sunnysomerset]

You heard the MAN, Ravi!

[Nares Korvipati]

ravi , can i please have your contact email. i am in the same situation as you.your help will be highly appreciated.

[Ravi.Gupta]

Hello,

I have just been approved ILR after completing 5 year on Tier 2 Visa. But my dependants are not yet eligible for ILR because they joined me in April 2013.

I need to get their stay extended here Which form i should fill to apply extension for them.

Thanks for your help in advance.

[vinny]

They may extend as PBS dependants, until they qualify for ILR.

[Ravi.Gupta]

Dear Board Member,

this is about ILR eligibility for my wife who is on PBS Dependant Leave To Remain. Below are the details.

She had initial VISA granted on 20 March 2013 (entry clearance date) as Tier 2 ICT Long Term Staff Partner ( as my dependant)
She entered UK on 30 April 2013 (41 days after entry clearance)
Her current VISA is valid till 13 March 2018.

Please can you advise when she is eligible to apply for ILR ?

Additional info.
Absences
2013 - no absences from UK after coming over,
2014 - 31 days,
2015 - 56 days,
2016 - 0, 2017 - 0, 2018 - 0

VISA dates
initially visa was granted for 20 March 2013 to 24 Jan 2015. This was extended from within UK. Leave was extended from 13 March 2015 to 13 March 2018. thus her current leave expires on 13 March 2018.

thanks in advance.

[zimba]

She can apply in April 2018. She need to apply to PBS extension and then vary to ILR later when eligible

[CR001]

Zimba88, what about the recent rules changes for dependents and the date of visa issue that can be used?

[lanrezy]

Hi,

She can apply for ILR from today, 20/02/2018 but before her visa expires on 13/03/2018.
The date between her entry and issue date are allowed as absences and she does not have to prove the reason why.

Best of luck

[zimba]

Zimba88, what about the recent rules changes for dependents and the date of visa issue that can be used?

As far as I know the guide only was updated. The Immigration Rules part 8 paragraph 319E(d) still maintains (as before) that The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership

This still contradicts with the claim that time spent not living together in the UK can be included

[lanrezy]

Zimba88, what about the recent rules changes for dependents and the date of visa issue that can be used?

As far as I know the guide only was updated. The Immigration Rules part 8 paragraph 319E(d) still maintains (as before) that The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership

This still contradicts with the claim that time spent not living together in the UK can be included

The guidance was update on January 11,2018. Initially, PBS Dependant was not included and now they have included PBS Dependant. Page 8 will clarify it from the link.https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF
In the past, A Tier 2 applicant that enters the country with his dependant some weeks/months after the issue date gets to use the Issue date for ILR while the depepndant uses the entry date resulting in Dependant having to extend their visa for a few weeks or months before eligibility for ILR.
Now, Both Tier 2 and Dependant can use the issue date.
Living together in the UK does not change the fact that the gaps in the Issue date and Entry date is being considered as allowable absence.

[Ravi.Gupta]

Dear Members,

My wife applied for visa extension under ICT 2 PBS dependant category on 3 Mar 2018. In April, Home Office advised us to apply as Family Route form instead. We applied new application under Family Route on 29 Apr 2018. These application(s) is/are now pending for decision with Home Office.

In the mean time , my wife has completed 5 years after first entry in UK. we, therefore, are looking to vary our existing application to ILR. Please can we have your guidance on how do we vary application to ILR.

thanks for assistance in advance

[cyclina1]

Dear Members,

My wife applied for visa extension under ICT 2 PBS dependant category on 3 Mar 2018. In April, Home Office advised us to apply as Family Route form instead. We applied new application under Family Route on 29 Apr 2018. These application(s) is/are now pending for decision with Home Office.

In the mean time , my wife has completed 5 years after first entry in UK. we, therefore, are looking to vary our existing application to ILR. Please can we have your guidance on how do we vary application to ILR.

thanks for assistance in advance

Have you settled in the UK? If so, how and when?

[zimba]

Dear Members,

My wife applied for visa extension under ICT 2 PBS dependant category on 3 Mar 2018. In April, Home Office advised us to apply as Family Route form instead. We applied new application under Family Route on 29 Apr 2018. These application(s) is/are now pending for decision with Home Office.

In the mean time , my wife has completed 5 years after first entry in UK. we, therefore, are looking to vary our existing application to ILR. Please can we have your guidance on how do we vary application to ILR.

thanks for assistance in advance

She can ONLY get ILR under PBS route if you were granted ILR under PBS Tier 2 route before.
However if you settled via long residence, she cannot settle in the UK under PBS rules. She needs to switch to FLR(M) which resets her ILR clock to zero

[vinny]

Posts merged.

[vinny]

Dear Members,

My wife applied for visa extension under ICT 2 PBS dependant category on 3 Mar 2018. In April, Home Office advised us to apply as Family Route form instead. We applied new application under Family Route on 29 Apr 2018. These application(s) is/are now pending for decision with Home Office.

In the mean time , my wife has completed 5 years after first entry in UK. we, therefore, are looking to vary our existing application to ILR. Please can we have your guidance on how do we vary application to ILR.

thanks for assistance in advance

FLR(M) was bad advice.
Vary by applying for SET(O).