Dependent ILR query

[pradbis]

Folks, could not find the answer to this query from the posts on this forum on UK BA website.
We are from India. Me and my wife both work in UK with our individual Tier 2 permits (me - Tier 2 General and wife Tier 2 ICT).

Our children are in UK with us, their visas are Tier 2 Dependant tied to my wife's Tier 2 ICT permit.

Wife's assignment has ended and so does her Tier 2 ICT permit.

Question: We need to switch the Tier 2 dependant permit of our children from being tied to my wife's Tier 2 ICT to my Tier 2 General. Is that a fresh Tier 2 Dependant application? Can we apply in the UK, or do the children need to go back to India and apply?

Would be grateful for an answer.

[vinny]

I think that your wife and children should apply from her own country, due to 319C(h) and 319H.

[pradbis]

Hi,

I have been in the UK since Sept 2008. Facts are:

Continuous visa coverage: Work permit, Tier 1 (General), Tier 4 (General) and Tier 2 (General)
I was absent from the UK for a period of 1 year and 4 months due to personal emergency (both parents with life-threatening illness plus birth of a child)

I am exploring the option of applying for ILR. I am thinking that I can adjust the application date to ensure that my absence of 1 year and 4 months gets split into 180 days in one 12-month period and 300 days in another. I plan to request discretionary ILR on compassionate grounds for my absence of 300 days.

My question is:

1) Is there a reason this will not work?
2) I see on the application form that you have to confirm that you have not been away for more than 12 months continuously in this period. Does anybody have knowledge of the UKBA giving an exception for this on compassionate grounds?

Thanks for any advice you can provide.

- Prad

[O_Relly]

Time spent on Tier 4 is not counted towards ILR.
Read
https://www.gov.uk/government/uploads/s ... eriods.pdf

[CR001]

Tier 4 can only be included in 10 year long residency applications, not on a 5 year route.

[pradbis]

Hi there,

As background, my wife & I are both Indian passport holders working in the UK. I am on Tier 2 (General) permit and my wife is on Tier 2 (ICT). My children are dependent on my wife's Tier 2 (ICT) permit. We now want to switch and move my wife & children to dependent visas dependent on my own Tier 2 (General) permit.

Qs: Do they need to go back to India to apply for this or can they make an in-country application in the UK?

Any advice would be greatly appreciated.

- Prad

[pradbis]

Hi there, I am in the UK on a Tier 2 General permit, planning to apply for ILR in 2017. My wife is currently in UK as well, living with me, but on her own Tier 2 ICT visa (issued in 2012). Our children are on Tier 2 dependent visas linked to my wife's visa.

When I apply for ILR, my wife & children will also apply to be dependent on my ILR. My question is: do my wife & children need to be dependent on my visa at the time of application? Also, is there a time duration requirement (i.e. do they have to be dependent on my visa for a certain amount of time in order to be eligible)?

Thanks in advance for any advice.

[CR001]

They cannot apply for ILR with you (if that is what you mean by ILR Dependent).

They can apply on FLR(M) once you are granted ILR but this will be a new 5 year route to ILR for your dependents.

[pradbis]

Hi, thanks a lot for the prompt response. My question is about dependents on an ILR application with family. Our plan is that my wife & children will switch to being dependent on my visa in the next few months. At the point of application for ILR, my wife & children will be dependent on my Tier 2 General visa and I would apply for the ILR along with my family.

My question is, is there a minimum duration that they have to be dependent on my Tier 2 General visa, in order to be eligible to apply as dependent on my ILR along with me?

[CR001]

My question is, is there a minimum duration that they have to be dependent on my Tier 2 General visa, in order to be eligible to apply as dependent on my ILR along with me?

Yes, 5 years residence as Tier 2 G dependent before they will qualify for ILR.

Edit : If your wife had come to the UK as your Tier 2 Dependent before July 2012,then she would have qualified with you for ILR.

[vinny]

Hi there,

As background, my wife & I are both Indian passport holders working in the UK. I am on Tier 2 (General) permit and my wife is on Tier 2 (ICT). My children are dependent on my wife's Tier 2 (ICT) permit. We now want to switch and move my wife & children to dependent visas dependent on my own Tier 2 (General) permit.

Qs: Do they need to go back to India to apply for this or can they make an in-country application in the UK?

Any advice would be greatly appreciated.

- Prad

The changes permit them to switch in-country.

[pradbis]

Hi all,

Had a question re: dependent ILR eligibility - would be grateful for any advice.

Background
------------------
Myself - Indian passport.
- Been in UK since Jan 2012 - from Jan 2012 till March 2013 I was on a Tier 4 visa. Since March 2013 I have been on Tier 2 General permit.
- My wife & children (12 and 7 years old) also have Indian passports
My wife came to UK on a Tier 2 ICT Long Term in March 2012. My 2 children came to UK as dependents on my wife's Tier 2 ICT.

In Feb 2017, my wife and 2 children moved to being dependent on my Tier 2 General visa.

Query
-------------
As per UKBA guidelines on their site, it says my wife has to be my dependent on my visa for 2 years in order to be able to apply for ILR along with me. Am I understanding this correctly? Or is it sufficient that she has lived with me for the last 5 years?

[CR001]

In Feb 2017, my wife and 2 children moved to being dependent on my Tier 2 General visa.

Query
-------------
As per UKBA guidelines on their site, it says my wife has to be my dependent on my visa for 2 years in order to be able to apply for ILR along with me. Am I understanding this correctly? Or is it sufficient that she has lived with me for the last 5 years?

As already advised when you asked about this scenario in January 2016, your dependents require 5 years residence as Tier 2 General dependents before they will qualify for ILR. It is about holding the dependent visa and NOT about 'living with you' for 5 years. Your wife and kids will qualify for ILR in 2022.

Are you applying for ILR based on Tier 2 and 5 years residence or based on 10 years long residence?

My question is, is there a minimum duration that they have to be dependent on my Tier 2 General visa, in order to be eligible to apply as dependent on my ILR along with me?

Yes, 5 years residence as Tier 2 G dependent before they will qualify for ILR.

Edit : If your wife had come to the UK as your Tier 2 Dependent before July 2012,then she would have qualified with you for ILR.

[pradbis]

Thanks. So the question is, what visa should we apply for them? ILR dependent (not their own ILR)?

Right now they are dependent on my Tier 2 (General), if my Tier 2 General changes to an ILR, they need to get onto a new visa, right?

I am applying for ILR under the 5 years in Tier 2 General route.

[CR001]

Thanks. So the question is, what visa should we apply for them? ILR dependent (not their own ILR)?

Right now they are dependent on my Tier 2 (General), if my Tier 2 General changes to an ILR, they need to get onto a new visa, right?

If you apply for ILR based on Tier 2 General and 5 years residence, then they can remain on their current visa and extend it until they qualify for ILR as PBS Dependents.

If you apply for ILR based on 10 years long residence, they will need to switch to FLR(M) which will resent their 5 year clock for ILR to zero (2 x 2.5 year FLR(M) visas) before they will qualify for ILR. They will not be able to remain as PBS Dependent.

[pradbis]

I see that somebody had said FLR (M) under my query in Jan 2016 - assume that is still the right answer?

[pradbis]

Got it. Thanks CR001. You are helping countless people .