Help Tier 2(ICT) to Tier 2(G) dependant for kids

[YMalhotra]

Hello,
1. I am on - Tier 2 ICT(nov'15 to nov'20)
2. My wife is on - Tier 2 General ( nov'15 to nov'20)
3. Elder kid (born in india) - tier 2 ICT dependant ( nov'15 to nov'20) earlier ICT short term dependant ( sep'14 to sep'15)
4. Younger kid (born in uk; jan'17) - ict dependant

I need help in below:
1. For elder kid -
a) will he be eligible for ILR along with wife's ILR on nov'20...or he needs to be switched to dependent visa.
b) since he is studying here, is he eligible for ilr based on 7 years continuous study & by when.
c) if we apply tier 2 dependent now, what are the set of docs required in our case. Pls help

2. Younger son - though he is on tier2 ict dependant but born in uk, will be eligible for ILR along with wife on nov'20

Appreciate quick response.. many thanks

[CR001]

1. For elder kid -
a) will he be eligible for ILR along with wife's ILR on nov'20...or he needs to be switched to dependent visa.
b) since he is studying here, is he eligible for ilr based on 7 years continuous study & by when.
c) if we apply tier 2 dependent now, what are the set of docs required in our case. Pls help

a) No. The child needs to be a dependent on your wifes' visa and can also only apply for ILR when both parents are applying or one has ILR and the other is applying. Why did you not switch to Tier 2 dependent in 2015 with your children??
b) There is no such ILR route. 7 year child route is a FLR(FP) route.
c) Passport, BRP, maintenance funds, Birth cert, etc. The online form tells you what is needed.

2. Younger son - though he is on tier2 ict dependant but born in uk, will be eligible for ILR along with wife on nov'20

No, for the same reason above, not being a dependent on your wifes visa and YOU not qualifying for ILR. UK born children do NOT require ILR if you plan on registering them as British.

[CR001]

Perhaps re-read the extensive advice you were previously given.

uk-tier-2-employer-sponsored-visas/urge ... l#p1577591

[YMalhotra]

a) No. The child needs to be a dependent on your wifes' visa and can also only apply for ILR when both parents are applying or one has ILR and the other is applying. Why did you not switch to Tier 2 dependent in 2015 with your children??

Does this mean that even if elder one apply for tier 2 dependant now, he will be eligible for ILR only when i am also eligible? I didnt apply earlier becuase my current company does not allow resources to work under dependant visa...they are weird

No, for the same reason above, not being a dependent on your wifes visa and YOU not qualifying for ILR. UK born children do NOT require ILR if you plan on registering them as British.

Since he has indian passport, i understand that he needs to follow same route as elder one??

[CR001]

Does this mean that even if elder one apply for tier 2 dependant now, he will be eligible for ILR only when i am also eligible? I didnt apply earlier becuase my current company does not allow resources to work under dependant visa...they are weird

You can't apply for ILR as a ICT visa holder so what route to ILR are you planning??

Since he has indian passport, i understand that he needs to follow same route as elder one??

No. Regardless of what passport the child holds, they are entitled to register as British once EITHER parent gets ILR. If you do not wish to apply for citizenship for the child, then ILR is the obvious step.

[YMalhotra]

You can't apply for ILR as a ICT visa holder so what route to ILR are you planning??

Apologies...I meant Tier 2 dependant

No. Regardless of what passport the child holds, they are entitled to register as British once EITHER parent gets ILR. If you do not wish to apply for citizenship for the child, then ILR is the obvious step.

Shall i proceed for tier 2 dependant right now or wait for wifes ILR and then proceed?

[CR001]

Apologies...I meant Tier 2 dependant

When are you planning on switching to tier 2 dependent visa?

Shall i proceed for tier 2 dependant right now or wait for wifes ILR and then proceed?

If you apply for tier 2 dependent visa, both children will also have to apply when you do if they are currently dependent on your ICT visa.

[YMalhotra]

Apologies...I meant Tier 2 dependant
When are you planning on switching to tier 2 dependent visa?

I was planning to apply for children now and for myself after a year. Is this ok & beneficial?

Shall i proceed for tier 2 dependant right now or wait for wifes ILR and then proceed?
If you apply for tier 2 dependent visa, both children will also have to apply when you do if they are currently dependent on your ICT visa.

[CR001]

I was planning to apply for children now and for myself after a year. Is this ok & beneficial?

Should be ok. Do you plan on applying for tier 2 dependent visa BEFORE your spouse applies for ILR??

Shall i proceed for tier 2 dependant right now or wait for wifes ILR and then proceed?

If you wait till after your wife gets ILR, you cannot apply for Tier 2 Dependent visas.

[YMalhotra]

Should be ok. Do you plan on applying for tier 2 dependent visa BEFORE your spouse applies for ILR??

Yes, i will apply before wifes ILR as i understand from your response to question 2 that if i apply after that then it will become complicated. Coming to original question, will kids counter start & they become eligible once they complete 5 yrs or both parents should have ILR. In this case, my wife would have ILR, however i would be still counting 5 yrs on dependant.

If you wait till after your wife gets ILR, you cannot apply for Tier 2 Dependent visas.

Why not...this is shocking...if main becomes ilr whats the route for dependants?
This means i will need to switch at earliest

[CR001]

Yes, i will apply before wifes ILR as i understand from your response to question 2 that if i apply after that then it will become complicated. Coming to original question, will kids counter start & they become eligible once they complete 5 yrs or both parents should have ILR. In this case, my wife would have ILR, however i would be still counting 5 yrs on dependant.

There is no 5 years minimum residency for children. However it does not change the fact that PBS child dependents will qualify for ILR when both parents are applying or when one parent has ILR already and the children are applying with the other parent who holds a dependent visa. It would have been sensible to switch all of you when your wife got her Tier 2 General visa in 2015.

Why not...this is shocking...if main becomes ilr whats the route for dependants?
This means i will need to switch at earliest

If you decide to switch AFTER your wife gets ILR, you and the child born abroad will have to apply for the spouse settlement visa on form FLR(M), meeting the financial requirements and you need to meet the English requirements. Again, depending on whether you wish your UK child to be British or not will depend on whether the child also needs a new visa. FLR(M) will reset the clock for ILR based on 5 years to zero but does not reset it for ILR based on Long Residence,

Note that even if you switched to dependent visa tomorrow, you still will not qualify for ILR when your wife does.

[YMalhotra]

If you decide to switch AFTER your wife gets ILR, you and the child born abroad will have to apply for the spouse settlement visa on form FLR(M), meeting the financial requirements and you need to meet the English requirements. Again, depending on whether you wish your UK child to be British or not will depend on whether the child also needs a new visa. FLR(M) will reset the clock for ILR based on 5 years to zero but does not reset it for ILR based on Long Residence,

Note that even if you switched to dependent visa tomorrow, you still will not qualify for ILR when your wife does.

Understood..this means i along with kids will need to apply tier 2 dependant before wifes ILR and then apply for tier 2 extension to complete 5 yrs on dependant so that all could apply for ILR...

I hope even if we go with FLR route, i am eligible to work...

[CR001]

FLR after your spouse has ILR allows you to work without any restrictions,

[YMalhotra]

[quote=CR001 post_id=1777069 time=1557127729 user_id=70994]

Thanks for all your replies.

Just final confirmation...I will proceed with kids tier 2 dependant this week and i will proceed after 6 months...can you pls confirm:
1. This would not be challenged that why other parent is not applying along with kids and there would be no refusal.
2. I am producing below docs:
a. Application form
b. Wifes tier 2 cos
c. Wifes passport + brp
d. Kids brp + passport + birth certificate
e. Wifes bank statement 9 months with 3k+ funds
f. My passport +brp ?? Is this required??
g. My council statement ?? Is this required??

Any other docs for kids stamping? Kindly confirm...many thanks for your support so far..