ILR dependent and U.K. Born child

[odadvisor]

Hello I am a bit confused and wondering if you can help please.

1. I have tier 2 employer sponsored visa since Jan 2013 and will be applying for ILR soon.

2. My husband has been in Uk since 2009 (first on tier 4 student then PSW) applied as my dependent in Nov 2013.

3. My question is can my husband also apply for ILR with me in Jan 2018 even though he hasn't been my dependent for 5 years he has been living with me since we got married in Jan 2012. Is it based on the time we have been living together and proof of co-habitation or does it have to be 5 years on a dependent visa before he can apply for ILR. In this case, does he have to apply for another extension. Would be grateful if you could send me links to the guidance.

4. My Child was born in UK in Jul 2015 after which he has travelled outside the U.K. For holidays a number of times so we applied for his leave as my dependent in Sep 2015 which expires at the time my current leave to remain expires I.e. Jan 2018.

5. Do i need to make an application for my child's ILR as well or can I apply for his citizenship once I am granted ILR? Again it would be helpful to have links to the relevant guidance. Also in case my husband can't apply for ILR at the same time as me, does that have any implications on my child getting citizenship ?

Grateful for your help on this.

Many thanks

[vinny]

3. No. Eligible for ILR around Nov 2018.
5. Child may skip ILR.

[Obie]

3. No. Eligible for ILR around Nov 2018.
5. Child may skip ILR.

Why do you think the partner will not be able to apply with her in January 2018.

My reading of the link you helpfully sighted, provides for 2 categories of people who can benefit under the rules in place before the 09-07-2012. It appears that the OP meets the second criteria

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years.

[vinny]

Oops. I think you are right!

Note that the "since then" in C may refer to a time on or after 9 July 2012. Otherwise, (B and C) is false or B is redundant.

[Obie]

Oops. I think you are right!

Note that the "since then" in C may refer to a time on or after 9 July 2012. Otherwise, (B and C) is false or B is redundant.

Precisely . That is my construction.

The circumstances mentioned in the subsequent paragraph are for events that occurred after the 09-07-2012.

[odadvisor]

Thank you for your response. I have reviewed the links in detail as well and think have got a better idea.

I am still unclear about one thing though. So my husband will move from being my dependent on tier 2 to dependent/spouse visa on my ILR. will he still be able to apply for his ILR in Nov 2018 following 5 years as my dependent (tier 2 dependent and then last 10 months as spouse of ILR) or will his 5 year qualifying period start again from the point of him getting spouse visa?

Thanks for your help!

[vinny]

We think that husband may apply for ILR with you in Jan 2018.

[CR001]

We think that husband may apply for ILR with you in Jan 2018.

Even if the husband has only held PBS Dependent visa since November 2013? Would he not be on the 5 year route as dependent status??

[vinny]

Double oops!

CR001, thanks for correcting me again.

On further thoughts:

Note that (A or B) just means that the applicant was granted leave as the (PBS or non-PBS) partner prior to 9 July 2012.

I think that 319E(d)(i) is unsatisfiable as they did not grant leave as a partner prior to 9 July 2012. This makes 319E(d)(ii) applicable.

Moreover,

(ii)[(b) and (c)] requires that the applicant must be have been granted leave as the partner during the entire specified period of 5 years.

[Obie]

I genuinely thought that OP was a PBS migrant in a category other than the currect before November 2013. It appear you were correct. That my eyes or brain was playing tricks with me.

OP partoner was living with him, that married before July 9th 2012 but he did not become his dependant under November 2013.

So yes vinny, I retract my initial question.

[CR001]

I genuinely thought that OP was a PBS migrant in a category other than the currect before November 2013. It appear you were correct. That my eyes or brain was playing tricks with me.

OP partoner was living with him, that married before July 9th 2012 but he did not become his dependant under November 2013.

So yes vinny, I retract my initial question.

It must be that Sunday feeling again which we all seem to suffer with from time to time