Switching from Tier 2(General) to ILR with dependants

[agoel]

Hi all,

I will be eligible for ILR in Jan 2018 completing 5 year period while my wife who joined me post 2012 won't be eligible to. She will have her Tier 2 dependant visa valid until the end of 2019 and will be eligible for ILR in April 2019. We also have a child who is born here. Therefore my questions are:

1. Can my wife continue to be on Tier 2 dependent visa without applying for ILR dependant when I apply for ILR?
2. Can my son continue to be on Tier 2 dependent visa without applying for ILR dependant when I switch or he will be eligible for british passport?

[CR001]

1. Can my wife continue to be on Tier 2 dependent visa without applying for ILR dependant when I apply for ILR?

Yes she can continue on her existing visa.

2. Can my son continue to be on Tier 2 dependent visa without applying for ILR dependant when I switch or he will be eligible for british passport?

Yes but once you are granted ILR, you can apply to register him on form MN1 as British (different to a passport application as he is not yet British).

[agoel]

Thanks for your response, that is very helpful.

[agoel]

I have more query. If dependants continue to be on Tier 2 dependant visa and I acquire ILR status.

Can the dependants travel outside UK for holidays etc. or they should wait until ILR is granted?

[CR001]

Can the dependants travel outside UK for holidays etc.

Yes they can.

[agoel]

Thank you for your prompt response ! Many thanks.

[CR001]

Below is a useful link with links to the rules regarding PBS dependents of ILR holders who were previously main PBS visa holders.

immigration-for-family-members/dependan ... 14832.html

[agoel]

I have final question related to this. My wife and son are planning to go to India for about 4 months. This is on top of 1.5 months spent this year. My wife ILR dependent will be due in April. Do you see that as problem?

I understand 180 days rule doesn't apply to them but longer period of absences will cause a problem?

[CR001]

There is no absence limit for PBS Dependents. They must return before the visas expire if they plan to extend the PBS dependent visas.

You keep saying 'ILR Dependent'. Are you planning on switching them to FLR(M) spouse visa?? If yes, why??

[agoel]

Firstly I can't thank you enough for your prompt responses and helping me out.

Sorry No I meant Tier 2 dependant only. I will acquire ILR so referring them a ILR dependant which is incorrect I now understand.

My dependants (wife and son) will have enough validity and do not require any extension. I am only concerned that when my wife applies for ILR after having months away from UK, will they see that as negative especially when it is like 90 days away before application date for example? Do I need to keep communicating with her and keep some sort of evidence. We will have enough documentation for 2 years (not preceding the application).