Dependent criteria for ILR

[isu_bk]

Hi All,

I am a bit confused about the time requirement for the dependent of a Tier 2 for ILR application.
Here is a my situation.
Came to the UK in September 2008 on student visa and changed to Tier 2 in January 2013. My wife came to UK in September 2009 and change to Tier 2 dependent in January 2014, one year after me.

Now I am eligible for ILR.
As for my wife, I am not sure if she is eligible or not because she has not completed 5 years in her current category and most of the forum posts suggests a similar verdict.
But looking at the home office website, it says:

Eligibility for partners

• they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

We have been living together in the UK for last 8 years. Does that mean my wife is qualified to apply as an ILR partner even though she has not completed 5 years in the current visa category?

Another question: We have a son, born in the UK who is also in Tier 2 dependent category. What should I do with his visa?

Many thanks for your support.

[CR001]

Now I am eligible for ILR.
As for my wife, I am not sure if she is eligible or not because she has not completed 5 years in her current category and most of the forum posts suggests a similar verdict.

She will qualify in January 2019 for ILR.

But looking at the home office website, it says:
Eligibility for partners
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

We have been living together in the UK for last 8 years. Does that mean my wife is qualified to apply as an ILR partner even though she has not completed 5 years in the current visa category?

No she does not. She must have held her dependent visa for 5 years and lived with you.

Another question: We have a son, born in the UK who is also in Tier 2 dependent category. What should I do with his visa?

Do you plan on applying for citizenship for your son? If yes, once you get ILR you can register him as British on form MN1. He does not need ILR for this.

[isu_bk]

Many thanks for the quick reply.
I forgot to mention, we all have Tier 2 until January 2019.
If I apply for ILR now, what impact does it has on visas of my wife and son? For example, If I leave my current job after getting ILR, does that nullify their visa as the visas have been issued with my current employer as the sponsor?

[CR001]

If I apply for ILR now, what impact does it has on visas of my wife and son?

None.

For example, If I leave my current job after getting ILR, does that nullify their visa as the visas have been issued with my current employer as the sponsor?

No. They are NOT dependent on your sponsor. They are dependent on YOU.

[isu_bk]

Again, many thanks for the quick reply. Is the following options are my best steps?

Myself - Apply for ILR now
Son - Apply for British citizenship
Wife - Apply for ILR in 2019 January
Myself - Apply for British citizenship in 2019 January
Wife - Apply for British citizenship in 2020 January

[CR001]

Again, many thanks for the quick reply. Is the following options are my best steps?

Myself - Apply for ILR now
Son - Apply for British citizenship
Wife - Apply for ILR in 2019 January
Myself - Apply for British citizenship in 2019 January
Wife - Apply for British citizenship in 2020 January

Once you are British, your wife can apply immediately if she holds ILR. No need to wait 12 months on ILR.

[isu_bk]

Wow, thanks again. You are a life saver.

[CR001]

Feel free to ask any further questions you might have.

Good luck.

[isu_bk]

Thanks. One more question, please.
When I have the British citizenship, does my wife has to get ILR and then British citizenship? Can't she go straight from her current visa to British citizenship?
Thanks.

[CR001]

When I have the British citizenship, does my wife has to get ILR and then British citizenship?

Yes, ILR is mandatory. There is no shortcut other than she will not have to wait 12 months on ILR before she can apply, assuming she meets all the standard requirements to apply for citizenship as the spouse of a BC.

Can't she go straight from her current visa to British citizenship?

No. Citizenship requires that an applicant be 'free from immigration time restrictions/control', i.e. ILR.

[isu_bk]

Thanks again for the quick reply. Was trying to save a bit (lot) of money. Well