Online Application Tier 2 Dependent - Leave granted on or after 11 January 2018

[manishsoni85]

Dear respected board members,

I have a small question and I am sure someone here will be able to answer it for me.

I applied for ILR in Aug 2018 and got it approved successfully. I have 2 under 18 kids who were eligible to apply same time as me but i chose not to apply ILR for them and my wife as long as they have a valid PBS dependent visa. I am now in process of applying ILR for all three of them and have read somewhere that;

If your children are on dependant visas, they will need to apply for ILR at the same time as you. Failure to do so will result in them losing their dependant visa status and critically, they would have to wait five years before they become eligible for ILR.

Is above statement true in my case?

I applied for ILR through Tier 2 dependent route.

Many thanks in advance and looking forward to hearing your valued opinion.

[CR001]

Where did you read that?? From an official HO website or guide??? I am guessing not.

[manishsoni85]

Hi CR001,

Thanks for your prompt response. You are right not from official HO website. Read it on a solicitors website and tbh I was baffled.

i am sure this is not the case.

Thanks
Manish

[CR001]

It is incorrect information. Always refer to official HO documents and immigration rules.

[manishsoni85]

Thanks CR001 and I agree with you. I just wanted to check incase if I have missed something. But thanks for your help and clarification as always.

Thanks

[manishsoni85]

Dear Board Members,

A quick and possibly an easy question to a very tricky question on the PBS Dependent ILR form (online). As per the new rule any absence from UK before 11 Jan 2018 should not be counted toward 180 days allowable absences which is clear and I get it. But the tricky is the below question.

1. Does the period of stay on which this application was based include any leave granted since 11 January 2018?

What will the answer to this question for my dependents i.e. YES or NO

Their immigration history is as follows

First entry clearance: 29 May 2013 until 02 June 2016

Extension application: 25 May 2016 until 11 May 2019

As you can see from the above timelines, I believe the answer to the above question will be NO but when I select NO on the form the below question does not come up which I believe is relevant to my application since my wife was out of UK from 25 July 2018 to 29 Aug 2018.

2. Have you had any absences from the UK during any leave granted since 11 January 2018?

But if I select yes then the above question appears.

Please advise if the answer to question 1 is YES or NO.

Many thanks
Manish

[CR001]

A quick and possibly an easy question to a very tricky question on the PBS Dependent ILR form (online). As per the new rule any absence from UK before 11 Jan 2018 should not be counted toward 180 days allowable absences which is clear and I get it. But the tricky is the below question.

1. Does the period of stay on which this application was based include any leave granted since 11 January 2018?

What will the answer to this question for my dependents i.e. YES or NO

It will be NO as she does NOT have leave granted SINCE 11 January 2018.

2. Have you had any absences from the UK during any leave granted since 11 January 2018?

But if I select yes then the above question appears.

Please advise if the answer to question 1 is YES or NO.

NO!! She does NOT have leave granted SINCE or FROM 11 January 2018.

[manishsoni85]

Thanks CR001,

Yes thats the answer for me as well but the problem was created by this example in the continuous period guidance

You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.

I dont understand why it says you must not count any absences before 1 January 2018 instead of 11 January 2018.

Thanks
Manish

[CR001]

It's merely a typo. You are overthinking.

[manishsoni85]

Yes I agree. Thanks, as usual you guys are brilliant!!

[manishsoni85]

@CR001

Hello,

Can I please ask if there is any financial requirement for Tier 2 Dependent ILR (SET O)?

There no option or question about finance or evidence of maintenance in the online form.

Thanks
Manish

[CR001]

No there is not.

[manishsoni85]

Hi @CR001, Thanks for your prompt reply.

The reason I ask this is because while completing online form for my wife and kids I ticked that she receives financial support from me which I know is not required for Tier dependents ILR.

Is this going to be a problem? I am anyway now providing Part 3 for consent since the form is completed and fees paid.

Thanks
Manish

[CR001]

No issue. You are overthinking.

You can submit payslips and bank statement to support your applicant to show HO you can support your family.

[manishsoni85]

Thanks @CR001.

Actually I have recently started freelancing so do not have payslips but I can ask my accountant for dividends statement and a letter.

But yes I personally see this not being a issue but I always rely on your 2nd opinion

[Arathi13]

Dear respected board members,

I have a small question and I am sure someone here will be able to answer it for me.

I applied for ILR in Aug 2018 and got it approved successfully. I have 2 under 18 kids who were eligible to apply same time as me but i chose not to apply ILR for them and my wife as long as they have a valid PBS dependent visa. I am now in process of applying ILR for all three of them and have read somewhere that;

If your children are on dependant visas, they will need to apply for ILR at the same time as you. Failure to do so will result in them losing their dependant visa status and critically, they would have to wait five years before they become eligible for ILR.

Is above statement true in my case?

I applied for ILR through Tier 2 dependent route.

Many thanks in advance and looking forward to hearing your valued opinion.

Quick question - I'll be applying for ILR for me and wife, but not for the UK born two girls - Is it compulsory to add dependent UK born child with your application? Can I apply for their MN(1) just after I receive my ILR?

[Arathi13]

Dear Board Members,

A quick and possibly an easy question to a very tricky question on the PBS Dependent ILR form (online). As per the new rule any absence from UK before 11 Jan 2018 should not be counted toward 180 days allowable absences which is clear and I get it. But the tricky is the below question.

1. Does the period of stay on which this application was based include any leave granted since 11 January 2018?

What will the answer to this question for my dependents i.e. YES or NO

Their immigration history is as follows

First entry clearance: 29 May 2013 until 02 June 2016

Extension application: 25 May 2016 until 11 May 2019

As you can see from the above timelines, I believe the answer to the above question will be NO but when I select NO on the form the below question does not come up which I believe is relevant to my application since my wife was out of UK from 25 July 2018 to 29 Aug 2018.

2. Have you had any absences from the UK during any leave granted since 11 January 2018?

But if I select yes then the above question appears.

Please advise if the answer to question 1 is YES or NO.

Many thanks
Manish

In my case, both me and wife got their extension of Tier 2(general) in March 2017 - So should I also select 'No' as a response to this question? I think yes, but just wanted to confirm

[manishsoni85]

Hi Your UK born kids will be eligible for British citizenship once you receive your ILR. Moderators please correct me if I am wrong.

and yes you will select no in online form for you 2nd question.

Regars

[Arathi13]

Thanks Manish for a quick response.

I've come to the UK on the same dates as you and in a similr situation.

Just another quick question, my wife is a PBS dependent, cn she also apply for ILR with me (i.e. within 28 days prior to the visa start date ) or she needs to wait until 5 years since the date of entry in the UK?

[CR001]

Thanks Manish for a quick response.

I've come to the UK on the same dates as you and in a similr situation.

Just another quick question, my wife is a PBS dependent, cn she also apply for ILR with me (i.e. within 28 days prior to the visa start date ) or she needs to wait until 5 years since the date of entry in the UK?

1. As has been answered many times on the forum, pbs dependents start counting from visa issue date!!

2. You really should keep your questions on your ilr application in your own topic instead of tagging onto other members threads.

[Arathi13]

Thanks Manish for a quick response.

I've come to the UK on the same dates as you and in a similr situation.

Just another quick question, my wife is a PBS dependent, cn she also apply for ILR with me (i.e. within 28 days prior to the visa start date ) or she needs to wait until 5 years since the date of entry in the UK?

1. As has been answered many times on the forum, pbs dependents start counting from visa issue date!!

2. You really should keep your questions on your ilr application in your own topic instead of tagging onto other members threads.

Thanks CR001

Sure, I'll post my queries in my thread. It just that i found a question similar to my situation and that's why trying to avoid asking the same question in my thread.

[CR001]

Thanks Manish for a quick response.

I've come to the UK on the same dates as you and in a similr situation.

Just another quick question, my wife is a PBS dependent, cn she also apply for ILR with me (i.e. within 28 days prior to the visa start date ) or she needs to wait until 5 years since the date of entry in the UK?

1. As has been answered many times on the forum, pbs dependents start counting from visa issue date!!

2. You really should keep your questions on your ilr application in your own topic instead of tagging onto other members threads.

Thanks CR001

Sure, I'll post my queries in my thread. It just that i found a question similar to my situation and that's why trying to avoid asking the same question in my thread.

Please see point 12 in the forum rules FAQs as it creates confusion and is unfair to the OP when members tag their questions on.

announcements/read-me-getting-started-t ... 24804.html

[Arathi13]

Point noted, thanks