ILR for Tier 2 dependent (child)

[pazd]

hi. I am under tier 2 (general) visa. I've been here for 5 years so I applied for ILR today and got my approval. I included my 2 dependant children in my application and they were rejected. My 2 kids and husband just arrived last May 2015. It says that my husband needs to complete 5 yrs in order to apply for ILR that's why i did not include him in the application. I thought that my kids are already eligible because they are under me. They said that both parents should be settled for the kids to be eligible for settlement.

Under Immigration rule 319J. Requirements for indefinite leave to remain
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

It states "One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or". It says or therefore it is okay if only one is settled and the other is lawfully present in UK (which my husband is under Tier 2 dependant)

Do you think i can appeal the decision they have made with my kids? Are they not eligible to apply ILR at the same time with me? The payment is really quite expensive. It's okay as long as they will be granted but they are rejected.

Hope you could give some light to this.

Thanks

[CR001]

They will follow the same path as your husband. Did you miss the bit about pre 9 July 2012 in the para you highlighted? You need to read the whole applicable paragraph not only the bit you feel is appropriate.

[pazd]

Actually I really thought that my kids are really be under me. I have not read that before I submitted my application. I'm just looking for something so that I can appeal, if ever. I'm just wandering there is a word OR before the date.

"One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK OR being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

Isn't it OR means either?

[pazd]

My kids and husband's Tier 2 dependent visa will expire this Dec 2017. Now that I am already granted ILR, how are they going to renew their visa. Will it still be Extension under Tier 2 dependent visa? or it should be different because I already have ILR?

[CR001]

But your husband IS NOT being granted ILR at the same time as you. Yes your kids are YOUR PBS Dependents but they WILL follow the same route as the other parent who was granted PBS Dependent visa at the same time as the kids.

There are no appeal rights, so not sure why you think you can appeal.

319J9(e) is applicable to your children as they were NOT granted leave prior to 9 July 2012 as 319J(e)(iv) says at the end.

Under Immigration rule 319J. Requirements for indefinite leave to remain
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:

[CR001]

My kids and husband's Tier 2 dependent visa will expire this Dec 2017. Now that I am already granted ILR, how are they going to renew their visa. Will it still be Extension under Tier 2 dependent visa? or it should be different because I already have ILR?

If you applied for ILR based on 5 years residence Tier 2, they can apply for a 3 year PBS Dependent extension shortly before their visas expire. They will have to pay the visa fee PLUS the £600 immigration health surcharge EACH.

dependants-of-ilr-economic-5-year-route-applicants (click)

[pazd]

Thanks, I was just hoping. Therefore my payment was all gone?

[CR001]

Yes, you lose the ILR fee you paid for the children.

[pazd]

My kids and husband's Tier 2 dependent visa will expire this Dec 2017. Now that I am already granted ILR, how are they going to renew their visa. Will it still be Extension under Tier 2 dependent visa? or it should be different because I already have ILR?

If you applied for ILR based on 5 years residence Tier 2, they can apply for a 3 year PBS Dependent extension shortly before their visas expire. They will have to pay the visa fee PLUS the £600 immigration health surcharge EACH.

dependants-of-ilr-economic-5-year-route-applicants (click)

Thanks. I will do this. Now it is much clearer.

It's really my fault, I really did not pay attention to the eligibility of the kids.