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Dependent Eligibility for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Delhi_Bhoy
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Dependent Eligibility for ILR

Post by Delhi_Bhoy » Mon May 22, 2017 10:11 am

Dear members,

Thanks for taking out time and reading my question. I apologise if this/similar question has been answered before and in that case please post the link of relevant thread(s).

Firstly let me present the facts
I will be eligible to apply ILR in February 2018 based on completing 5 years on Tier 2 General visa, which I first applied in January 2013 and is going to expire in Jan 2019.

My wife came to UK in June 2014 on Tier 2 dependent visa, which will expire in January 2019, 6 months before completing 5 years as Tier 2 dependent.

My child was born in UK in March 2016, and we applied for Tier 2 dependent visa for her, up to Jan 2019.

My questions are:
If I am applying for ILR in January what Visa should my wife and child be applying for?
Also, when will they be eligible for ILR?

Will highly appreciate for sharing any info, experience, factsheets, and links.

Thank you in advance.

iworker
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Re: Dependent Eligibility for ILR

Post by iworker » Mon May 22, 2017 11:33 am

they dont have to apply at the same time when u apply, as they will still have leave to remain.
once u get ilr, your wife will need to apply for extension of pbs dependent. she will get 3 years extension. she can apply ilr when she has been in uk for 5 years.
you can register your son as a british citizen as he was born here, after u get ilr.
if you prefer not to register him as british, u will have to apply for his pbs dependent extension and can apply ilr when both parents have ilr.

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Delhi_Bhoy
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Re: Dependent Eligibility for ILR

Post by Delhi_Bhoy » Mon May 22, 2017 12:07 pm

Thanks for the reply @iWorker. Things are clearer now.

Regarding my wife's visa -
iworker wrote:once u get ilr, your wife will need to apply for extension of pbs dependent. she will get 3 years extension. she can apply ilr when she has been in uk for 5 years.
So, I take that she would have to apply for Tier 2 dependent visa extension again?
Will this be applicable even if I will no longer be on Tier 2 visa at the time of her extension application?

Again, thanks in advance.

iworker
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Re: Dependent Eligibility for ILR

Post by iworker » Mon May 22, 2017 12:19 pm

there is only one type, called pbs dependent.
Yes it will still be applicable even if u move to ilr. u can put the details that u have since moved to ilr.
U could apply for flr(m), which is dependent of a settled person.
However, u must NOT apply that, as the counter will reset to 0, to spend 5 years in the uk to be eligible for ilr.
the extension will have to 3 years, even though she needs only 6 more months.

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