Tier 2 Gen Dependent Extension and Settlement

[aja]

My Immigration History :-
Initial Tier 2 Granted : July 2014
Tier 2 switch employer : Oct 2015
Due for renewal : Oct 2018.
ILR Due : July 2019.

Child born in UK Jan 2015
tier 2 dependent visa obtained : March 2016
Was Out of Country from July 2016 to Dec 2016
Due for renewal : Oct 2018.

Questions
1. As i am due for ILR in July 2019 and if my child isn't intending to travel out of country between Oct 2018 and July 2019. Should i still extend the visa for my child ?

2. As my child was out of country from July 2016 to Dec 2016, would that affect affect child's eligibility for Naturalisation / registration after my ILR ?

3. For UK born child to be naturalised, should both the parents have ILR or is it enough if only 1 parent has ILR ? As my spouse will be eligible for ILR only in Jan 2020.

Many Thanks

[CR001]

1. As i am due for ILR in July 2019 and if my child isn't intending to travel out of country between Oct 2018 and July 2019. Should i still extend the visa for my child ?

HO will likely want to know why you are not extending their visa when they already have an existing visa. Remember that until your child is British, they are still subject to immigration control. You need to think about access to NHS services etc. as well. Presumably your spouse is also extending??

2. As my child was out of country from July 2016 to Dec 2016, would that affect affect child's eligibility for Naturalisation / registration after my ILR ?

No issue.

3. For UK born child to be naturalised, should both the parents have ILR or is it enough if only 1 parent has ILR ? As my spouse will be eligible for ILR only in Jan 2020.

Children are Registered not naturalised. One parent on ILR is sufficient.

[aja]

@cr001

HO will likely want to know why you are not extending their visa when they already have an existing visa. Remember that until your child is British, they are still subject to immigration control. You need to think about access to NHS services etc. as well. Presumably your spouse is also extending??

---> What you say makes sense. Had this question because, i was of the assumption that, for a child born in UK, obtaining a Visa is not mandatory, unless the child intends to travel before Registration.
From your explanation, i assume my assumption was wrong.

---> My Spouse and older child will not be extending in Oct 2018. They have their dependent visa valid till July 2019 ( based on my first Tier 2 entry clearance, which was for 5 years).

q ) My older child was born in Home country, been in UK since Jan 2012 to Jan 2015 As my Wife's Tier 2 ICT dependent. Changed to My dependent ( tier 2 Gen Dependent in Jan 2015). For this case, the ILR clock would have got reset and new clock would have started from Jan 2015 right ?


Children are Registered not naturalised. One parent on ILR is sufficient.
---> Thanks for this info. Any pointers on how the Registration process works plz.
q) Is this registration applicable only for UK born children and Not for children born in Home country of parent ?

[CR001]

---> What you say makes sense. Had this question because, i was of the assumption that, for a child born in UK, obtaining a Visa is not mandatory, unless the child intends to travel before Registration.
From your explanation, i assume my assumption was wrong.

It is sort of correct, however not applying for a visa is usually when ILR for parents is imminent and the child is recently born and never held a visa. You could risk it but HO will write to you and ask about the child.

q ) My older child was born in Home country, been in UK since Jan 2012 to Jan 2015 As my Wife's Tier 2 ICT dependent. Changed to My dependent ( tier 2 Gen Dependent in Jan 2015). For this case, the ILR clock would have got reset and new clock would have started from Jan 2015 right ?

There is no minimum residence. The child will qualify for ILR when your spouse does.

---> Thanks for this info. Any pointers on how the Registration process works plz.
q) Is this registration applicable only for UK born children and Not for children born in Home country of parent ?

All children under 18 are registered. Only adults are naturalised.

british-citizenship/citizenship-faqs-co ... l#p1343774

[aja]

Thanks again.
Can you please confirm if my summary of dates and actions to perform are correct :

Myself :
Initial Tier 2 Granted : July 2014 ------Tier 2 switch employer : Oct 2015
Future Dates and Actions :
Extend in Oct 2018 --------- Apply for ILR in July 2019.

Spouse :
Tier 2 Gen Dependent : Jan 2015 ------ Valid till July 2019.
Future Dates and Actions :
Extend in July 2019 -------- Apply for ILR in Jan 2020.

UK Born Child :
Tier 2 Gen Dependent : March 2016 ------- Valid till Oct 2018.
Future Dates and Actions :
Extend in Oct 2018
Registration in July 2019 ( after my ILR)

Outside UK Born Child
Tier 2 Gen Dependent : Jan 2015 ------ Valid till July 2019.
Future Dates and Actions :
Extend in July 2019
Registration in Jan 2020 ( After mine and spouse ILR)

[CR001]

Myself :
Initial Tier 2 Granted : July 2014 ------Tier 2 switch employer : Oct 2015
Future Dates and Actions :
Extend in Oct 2018 --------- Apply for ILR in July 2019.

Correct, provided you meet the requirements for ILR, including the ILR salary requirement.

Spouse :
Tier 2 Gen Dependent : Jan 2015 ------ Valid till July 2019.
Future Dates and Actions :
Extend in July 2019 -------- Apply for ILR in Jan 2020.

Correct.

UK Born Child :
Tier 2 Gen Dependent : March 2016 ------- Valid till Oct 2018.
Future Dates and Actions :
Extend in Oct 2018
Registration in July 2019 ( after my ILR)

Correct. You should rethink about a visa extension though.

Outside UK Born Child
Tier 2 Gen Dependent : Jan 2015 ------ Valid till July 2019.
Future Dates and Actions :
Extend in July 2019
Registration in Jan 2020 ( After mine and spouse ILR)

The child will need to apply for ILR with your spouse. A child born abroad does not have an entitlement to Register as British.

[aja]

UK Born Child :
Tier 2 Gen Dependent : March 2016 ------- Valid till Oct 2018.
Future Dates and Actions :
Extend in Oct 2018
Registration in July 2019 ( after my ILR)

Correct. You should rethink about a visa extension though.

I am considering an extension, do you think it may not be required ?

Outside UK Born Child
Tier 2 Gen Dependent : Jan 2015 ------ Valid till July 2019.
Future Dates and Actions :
Extend in July 2019
Registration in Jan 2020 ( After mine and spouse ILR)

The child will need to apply for ILR with your spouse. A child born abroad does not have an entitlement to Register as British.

I get you. So the process would be to Apply ILR and once parents are Naturalised, do the Registration for child ?

[CR001]

UK Born Child :
Tier 2 Gen Dependent : March 2016 ------- Valid till Oct 2018.
Future Dates and Actions :
Extend in Oct 2018
Registration in July 2019 ( after my ILR)

Correct. You should rethink about a visa extension though.

I am considering an extension, do you think it may not be required ?

Possibly yes if you don't want any issues. ILR is never guaranteed and if you are refused for whatever reason, your child will be an overtayer.

Outside UK Born Child
Tier 2 Gen Dependent : Jan 2015 ------ Valid till July 2019.
Future Dates and Actions :
Extend in July 2019
Registration in Jan 2020 ( After mine and spouse ILR)

The child will need to apply for ILR with your spouse. A child born abroad does not have an entitlement to Register as British.

I get you. So the process would be to Apply ILR and once parents are Naturalised, do the Registration for child ?

Correct yes re ILR. Child can apply for citizenship at the same time when EITHER parent applies yes.

[aja]

Thank you @CR001.
You are a Star

[aja]

I am due for Tier 2 Extension soon and my employer has asked me if i need a 1 year or 2 year cos to be raised.

Is it possible for employer to raise a COS which is more than 1 year , but less than 2 years ? for ex: Can they raise a COS in September 2018 for a period till July 2020 ? ( That will be my 6 year cap on Tier2 Gen)

If the answer to the above question is Yes, can you please check the calculation in Scenario 2 and advice me, if my assumption are correct please.

Scenario 1 : 1 Year COS
- COS will be issued in Sep 2018 to be valid till Sep 2019.
- NHS Surchanges to be incurred :

1. Me - £200 ( ILR Due in July 2019)
2. UK Born Child - £200 ( Registration Due in July 2019)
3. Spouse - Will be extending in August 2019- after my ILR. ( Spouse ILR due in Jan 2020)
- £ 600 ( Assume PBS dependent extension is for a min of 3 years after the main applicant is ILR)
4. Out of UK born Child - £ 600 ( Same as spouse)
Total NHS surchage for famil : £1600

Scenrio 2 : 1 Year 10 month COS
- COS will be issued in Sep 2018 to be valid till July 2020.
1. Me - £400
2. UK Born Child - £400
3. Spouse - Extend in Aug 2019 till July 2020 ( Based on my extension COS end date as July 2020)
- £200
4. Out of UK Born child - £200
Total NHS Surcharge for family : £1200

[CR001]

Even if you get a 3 year CoS, you won't be issued a visa for longer than a total of 6 years on tier 2.

Ask your employer for a 2 year CoS as IHS and visa fee is the same as for 1 year and 10 months.

A UK Born child does not need a visa if you plan on registering the child as British.

[aja]

@cr001, Wouldn't i be saving £400 based on the calculations i have provided ? if the assumptions i have made there are correct.

Scenrio 2 : Where i am trying to Extend my depenents visa based on my PBS Visa rather then after ILR.

[CR001]

You have stated your 6 year cap is July 2020. You have also stated that your dependents can apply for ILR in January 2020. So a two year CoS would be fine then.

Why would you need to extend their visas again if you are all applying now for an extension and get one till July 2020?

[aja]

Extremely sorry, if i have confused you.
2 of us will extend and apply for ILR at different times than other 2.

ME and UK born child will extend in Sep 2018 and ILR / Registration due in July 2019.

Spouse and Outside UK Born child Extend in Aug 2019 and ILR due in Jan 2020.

I am trying to figure out if the Dependents will need to pay NHS surcharge based on Primary Applicant Visa validity or Primary COS end date.

If i go for standard 2 year COS, me and UK born child will have to pay NHS surcharge @ £ 400 each.
Spouse and outside uk Born child too will have to pay NHS Surcharge @400 each.
Total family NHS Surcharge will lead to : £1600.

[CR001]

Extremely sorry, if i have confused you.
2 of us will extend and apply for ILR at different times than other 2.

ME and UK born child will extend in Sep 2018 and ILR / Registration due in July 2019. Why are you applying for a visa for the UK born child if you are plannning to register the child as British?

Spouse and Outside UK Born child Extend in Aug 2019 and ILR due in Jan 2020. When do their current visas expire??

I am trying to figure out if the Dependents will need to pay NHS surcharge based on Primary Applicant Visa validity or Primary COS end date. If you already hold ILR when they apply, it is a 3 year extension so £600 each IHS. If you all apply now with a two year CoS, they are covered till they qualify for ILR.

If i go for standard 2 year COS, me and UK born child will have to pay NHS surcharge @ £ 400 each.
Spouse and outside uk Born child too will have to pay NHS Surcharge @400 each.
Total family NHS Surcharge will lead to : £1600.

You are not actually explaining your situation very well. If all visas are expiring now, surely all are applying for an extension??

[CR001]

Also, note that IHS fees are doubling later this year to £400 per year.

[aja]

Extremely sorry, if i have confused you.
2 of us will extend and apply for ILR at different times than other 2.

ME and UK born child will extend in Sep 2018 and ILR / Registration due in July 2019.

Why are you applying for a visa for the UK born child if you are plannning to register the child as British?

Earlier, in the same thread above, you had recommended its safe to extend the UK born child's visa , as the Child will not have a proper residence status once the current Visa for child expires in Sep 2018 till July 2019 (when due for registration).
If you think, it is not necessary to extend for the child, that should save me a fortune.



Spouse and Outside UK Born child Extend in Aug 2019 and ILR due in Jan 2020. When do their current visas expire??

I am trying to figure out if the Dependents will need to pay NHS surcharge based on Primary Applicant Visa validity or Primary COS end date. If you already hold ILR when they apply, it is a 3 year extension so £600 each IHS. If you all apply now with a two year CoS, they are covered till they qualify for ILR.

If i go for standard 2 year COS, me and UK born child will have to pay NHS surcharge @ £ 400 each.
Spouse and outside uk Born child too will have to pay NHS Surcharge @400 each.
Total family NHS Surcharge will lead to : £1600.

You are not actually explaining your situation very well. If all visas are expiring now, surely all are applying for an extension??

Mine is a 3 year visa which expires in Sep 2018. My Spouse and outside UK born child are dependents on my earlier 5 year tier 2 Visa, which expires in Aug 2019. They Became dependents on this Visa in Jan 2015.
This is the reason, why i am trying to extend the visas at different times, close to each respective expiry time.

[CR001]

Ok, then your dependents next year apply for a 3 year extension even though there is less than a year till they qualify for ILR.

However, you risk a large fee for IHS if it increases to £400 per year each later this year, which will be £1200 per applicant.

[aja]

My Current BRP Expires in 30/Oct/2018.
Given that there is a IHS fee raise, it would make more sense to get a 2 year COS and extend myself and my dependents for 2 years. Many thanks for bringing this to my notice.

q) Can a COS be raised in Aug 2018, with a start date of 15th Sep. I fill in the online applications in Aug, pay the IHS in August and book for a premium appointment around 2nd week of Sep ?

q) Is it acceptable to attend a premium appointment 1 or 2 days after the start date on COS ? ( Just in case, it's difficult to get slots before the start date in COS )

q) I will be processing my dependents extension as a regular postal application, NOT a premium appointment. can i process their extension with just the COS i will be getting or will i need to wait for my NEW visa / BRP card to be received in hand , before i can start the dependent application and pay the IHS ?

[aja]

Also, could you please confirm, if my UK Born child will need a Visa extension for the period between Oct/2018 ( Current visa expiry) and July /2019 ( Eligible for Registration).

[aja]

Hello again,

First of all i would like to thank all the members in this group for having given guidance in the last few years.
I have now got my extension approved till July 2020.
Brief Immigration history of Myself :
July 2014 - 1st Tier 2 General entry
Oct 2015 - Tier 2 Switch employer
Sep 2018 - Tier 2 Entension
Currently Leave valid till : July 2020.
Due for ILR : July 2019

I am in the process of filling up the application forms for my dependents.
The question is about my UK born child.
Immigration history of Child :
Place of Birth : UK in 2015
1st Tier 2 Dependent visa : Feb 2016
Visa Valid till : Oct 2018
Due for Registration : July 2019 ( Provided i get my ILR)

Q) Is it legally / technically mandatory to extend the visa for the child between now and July 2019 ( When due for Registration) ?

The Visa Application fees + NHS Surcharge is a huge amount and i would like the experts opinion before i proceed to pay.

[aja]

Any help with my question please ?

Many Thanks

[CR001]

You don't need to extend UK born childs visa, however you can expect HO to write to you querying about the child being excluded, where the child is etc, especially as they will have the child on their system having issued a visa previously.

[aja]

Many Thanks for your clarification.

In the even't HO writes and inquires about the child's visa not being extended, would it be fine to reply them stating that , we would be doing a registration directly upon receiving parents ILR ?

[CR001]

Yes, you need to state also that it will be a Registration under Section 1(3) of the British Nationality Act.