Can dependents stay until decision is made?

[sap111]

I have Tier-2 General Visa expiring in Jan 2020 and my wife and daughter are with me on Tier-2 Dependent Visa with the same expiry date.

I will be applying for ILR in October 2019. I know I can stay and work in the UK until I get a decision for my ILR even after my Visa a expired.

But what about my wife and daughter? Can they also stay in the UK until I get a decision for my ILR?

1. If yes, should I apply for their Tier-2 Dependent Visa extension after I get my ILR?
2. If no, what is the best option so that they can stay in the UK until I get my ILR decision?

[CR001]

Are they also applying for ILR with you??

[sap111]

No, my wife will have completed 2.5 years in the UK in October and my daughter was born last year. So she would have only completed 1 year in the UK.

So as per what I have read they cannot apply for ILR at this stage and will have to extend their Tier-2 Dependent Visa. Only when they complete 5 years they can apply for ILR.

[CR001]

They just apply to extend their visas before the current visa expires. If you don't have a decision on your ilr yet at that time, their applications will be on hold. If your ilr fails their applications will also fail.

If you apply in October using super priority, then it won't take long to get a decision. Standard service is also 8 weeks. Not sure why you believe it will take months.

[sap111]

Ok. thats great!

I had one roommate in the past who got his ILR 3.5 months after application. So I was thinking of the worst scenario.

Also my current salary is £35,400. So I am switching to a new company in September where my salary will increase to £40,000. I have read that salary increases just before applying to ILR are a red flag and cause delays in applications even for super priority services.

But hopefully because my salary increase is due to change in employer this would not affect me.

[CR001]

I had one roommate in the past who got his ILR 3.5 months after application. So I was thinking of the worst scenario.

The whole system changed 10 months ago. It rarely takes months now.

Also my current salary is £35,400. So I am switching to a new company in September where my salary will increase to £40,000. I have read that salary increases just before applying to ILR are a red flag and cause delays in applications even for super priority services.

Salary increases with the SAME employer raises red flags. But as you have to apply for a new tier 2 visa to change employers, it should not be an issue. Note that you must have at least one payslip and bank statement with your new salary before you apply online for ILR.

[sap111]

Thanks great, thanks for the info. You saved me £800 for super priority service

I will make sure I have the salary slip and bank statements with salary from new employer.

Many thanks for quick responses!