ILR Options?

[Shaky]

Hello Gurus,

Background:
- I am on Tier-2 General visa and will qualify for ILR from 9th June (5 years on Tier-2).
- My wife got Tier2 dependent visa and staying with me in the UK since June-2012 (2 years together rules). - We blessed with a baby on 30th May 2016.
- I am planning to apply for ILR in person on 13th June, my visa expires on 16th June 2016.

Question:
1. Because of after pregnancy my wife is not able to study Life in the UK and may be not able to pass before 13th June. What you advice: Apply for ILR later (I can apply after up to 28 days of visa expire) or I apply for ILR and later she can apply as a family member later on. (Fees are same I guess)

2. Register baby now or register after the ILR (we have 42 days to register) - Or it will not make any difference when you register as later we have to register baby as a British citizen.

Appreciate any help

Thanks,

[CR001]

1. You should not apply after her visa expires, it really is never a good idea. She should apply for extension of her current visa (PBS Dependent) and then when ready, she can apply for ILR. She could have done the test (LIUK and English) ages ago, why did you leave it so late?

2. It makes no difference when you register the birth at the council. You cannot change the date of birth and that is what determines things. The child is not British so you will have to register the child on form MN1 for citizenship.

[Shaky]

Thanks for a quick reply Char.

For question 1: It's just Life In UK test that remaining, she didn't gave it because of complicated pregnancy. Are you not allow to stay in UK up to 28 days after visa expires if you are planning to apply/extend your visa?

[CR001]

Thanks for a quick reply Char.

For question 1: It's just Life In UK test that remaining, she didn't gave it because of complicated pregnancy. Are you not allow to stay in UK up to 28 days after visa expires if you are planning to apply/extend your visa?

I would not risk it, it can create all sorts of problems for an otherwise impeccable immigration history. But your choice if you want to take the risk. She could have done LIUK 2 years ago even, it doesn't expire.

Apply to extend her current visa by post before her visa expires. If no decision reached by the time she passes LIUK, apply to vary her application to ILR on Set(O)

[Shaky]

Thanks for advice Char,

we consider to go down the extension route but not sure if she can apply to extend the visa as her visa also expires on 16th June and If I switch to ILR on 13th June - I might not get my biomatric until 20-25th June.

Thanks,

[CR001]

Apply by post after your appointment and include a copy of the letter you get at PSC. HO will have a record online of your status.

[Casa]

Does your wife have B1 level English from an approved test/test provider?

[Shaky]

Again Thanks Char,

Will apply for the extension, yes, we got letter from NARIC.

[UKBALoveStory]

Again Thanks Char,
Will apply for the extension, yes, we got letter from NARIC.

You can apply for Tier 1 extension on 15th of June for your wife with your approval letter only. Once your wife has done the LIUK, you can vary the application from Tier 1 extension to ILR (provided no decision has been made until then on Tier 1 extension applicaiton). Search this forum and you will find many success stories of varying the application.

Thanks

[Shaky]

Thank you all Gurus...

I creating application for my wife to apply as PBS dependent on https://visas-immigration.service.gov.u ... nt-partner

Online application is asking for IHS reference number. Does my wife pay for it (reading documents seems like not)?
- In selection box for the main applicant, I can't find ILR options.
- So, Have to select Tier-2 visa route: Now what will be my visa expiry date: If I select 10 years (after ILR) I have to pay £2000 surcharge but if select 16th June 2016 (Tier2 Visa expiry) £0 surcharge.

Confused on how much to pay or Can I just make payment now and get a refund later or?

And can I vary postal extension application to in-person for ILR later on? Or it need to be postal for ILR as well?

Thanks,

[CR001]

Thank you all Gurus...

I creating application for my wife to apply as PBS dependent on https://visas-immigration.service.gov.u ... nt-partner

Online application is asking for IHS reference number. Does my wife pay for it (reading documents seems like not)? Yes, she has to pay the immigration health surcharge. Why do you think she is exempt?

- In selection box for the main applicant, I can't find ILR options. Your WIFE is the main applicant for PBS dependent.

- So, Have to select Tier-2 visa route: Now what will be my visa expiry date: If I select 10 years (after ILR) I have to pay £2000 surcharge but if select 16th June 2016 (Tier2 Visa expiry) £0 surcharge. She applies ALONE. Do not enter your details. Apply for a 2 year extension

Confused on how much to pay or Can I just make payment now and get a refund later or? She should ideally apply after your ILR is granted or closer to when you apply.

And can I vary postal extension application to in-person for ILR later on? Or it need to be postal for ILR as well? Yes

Thanks,

[vinny]

3 year extension under 319D(a)(ii).

[CR001]

3 year extension under 319D(a)(ii).

Oops, thanks vinny, forgot about that one

[Shaky]

Thanks you so much Char/Vinny,

- So, Have to select Tier-2 visa route: Now what will be my visa expiry date: If I select 10 years (after ILR) I have to pay £2000 surcharge but if select 16th June 2016 (Tier2 Visa expiry) £0 surcharge. She applies ALONE. Do not enter your details. Apply for a 2 year extension
What I meant was: details about person "You're joining or remaining with this person in the UK"

And can I vary postal extension application to in-person for ILR later on? Or it need to be postal for ILR as well? Yes
Is it yes for "in-person" or need to be postal?

Thanks,

[CR001]

1. remaining. But you should not put your details in otherwise the IHS fee will be calculated including yourself.

2. Yes, you can vary postal to in person as far as I am aware. See link below.
https://www.gov.uk/government/publicati ... quest-form

[Shaky]

Thanks you so much Char for all your help - I don't think I can get quick and great help with even websites.

Again thank you...

[Shaky]

Oops typo: I don't think I can get quick and great help with even paid websites/services.

Thanks you so much Char for all your help - I don't think I can get quick and great help with even websites.

Again thank you...

[Shaky]

Thanks Char and all...

Finally my wife decided to pass LIUK exam, instead of going through complex extension/vary application. Today we applied for the ILR at Solihull PEO and granted ILR in around 2 hours.

Agains Thanks for all your help... Happy days...

Now need to register our new born baby as BC using the MN1 and get his passport.

Thanks,

[CR001]

Congratulations Shaky. Very pleased for you and now you can relax