Tier 2 dependant to ILR after July 2012

[Ghey2]

Hello everyone. I just wanted to seek some advice regarding our situation. I am currently on a tier 2 visa and my husband has a dependant's visa. I will be applying for ILR on January 2017. I understand that my husband has to spend 5 years in the UK before he qualifies to apply for an ILR which will be in March 2018. So my questions are:

1. When I apply for ILR, what will happen to my husband's tier 2 dependant visa? Will it be invalid? So how will he finish his 5 yrs tenureship in the UK?

2. If his tier 2 visa will be invalid, what visa must he apply for?

Thank you in advance for you reply.

[vinny]

It depends on the basis of your ILR.

[Ghey2]

Hello. I will be applying based on staying in the UK under tier 2 visa. Thanks.

[CR001]

1. His existing visa will remain valid.

2. If he needs an extension to reach 5 years residence, he can extend as a Tier 2 G dependent.

[theabrar]

2. If he needs an extension to reach 5 years residence, he can extend as a Tier 2 G dependent.

Will it be ok for the husband to travel outside the country, smoothly?

[CR001]

Yes as long as his visa is valid when he returns.

[Ghey2]

Hi there. I would like to ask about out situation. I am currently on ILR (from tier 2) and I have my husband and 2 kids with me here. My youngest son is already a British Citizen as he was born here and I applied for him after I got my ILR. My question is:

1. My husband is eligible to apply for ILR this February 2018 (5 years), however he is on part time employment. Will this affect his application? (I on the other hand have a full time employment)

2. My eldest son is also on tier 2 dependant (he was not born here). Is it possible for my husband to apply first as we want him to do a 1 day application, and then my son apply through post when he gets his ILR? Or they have to apply together?

3. Is the form for both of them Set O?

4. Is there a maintenance fund and how much should it be?

5. Lastly, when is the soonest they can apply for cutizenship?

Thanks in advance for all your help.

[CR001]

1. Not an issue. Emoyment is not mandatory for PBS dependents.

2. Yea you can do that. Simpler to apply together though on one form.

3. Yes. One form if tbey apply together. Two forms individually if applying separately.

4. No.

5. Your husband will also need to wait 12 months on ILR if you are not British. Child will qualify to apply whwn ILR is held and when either parent applies and the other parent holds ILR.

[Ghey2]

Thanks very much.

[Ghey2]

Hi everyone can i just ask has anyone recently applied for ILR from tier 2 dependant? Other than what’s on the list any other additional requirements I should submit particularly from myself (I am on ILR) to support my husband’s application? Is my certificate of employment needed to support my husband’s application? Thanks very much.

[CR001]

Is my certificate of employment needed to support my husband’s application?

No.

[Ghey2]

Hi everyone. My husband and my son will be applying for ILR and we are planning to post the application next week. I just want to make sure that they are indeed qualified to apply. I have read the guidelines and form but just got confused as the SET O form said PBS dependant can apply through it but the qualifying period only mentioned Tier 2.

Just a bit of background, my husband came 24 March 2013 and his visa is expiring 9 March 2018. If I am right that he can apply 28 days before the 5th year of his arrival in the UK as a PBS dependant from my then visa which is tier 2 then he can apply next week. I am already on my ILR and my youngest son is a British Citizenas he was born here.

My eldest son on the other hand arrived 8 January 2014.

Is it correct to say that my husband can apply on SET O form and that he is qualified to apply within 28 days before his 5th year? Or does he need to finish 5 years? I am very worried because obviously his visa is expiring few days before his 5th year.

Is it also correct to say that my eldest son can apply with him even if he did not finish 5 year as he is a minor?

Thanks very much and I appreciate all your help.

[vinny]

Yes. If you were granted ILR under PBS, then he may apply for SET(O) under 319E from Saturday, 24 February 2018 and before his leave expires. May include under 18 year old son under 319J.

[vinny]

Posts merged.

[Ghey2]

Thanks very much for all your help Vinny. This site has helped me loads!