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Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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haddad20
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Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Post by haddad20 » Sun Jan 26, 2020 2:40 pm

Hello All,
Please seeking advice please regarding my family and I situation as follows:
1- (October 2010) I came to the UK under Tier 4 student Visa.
2- 1- (October 2010)
1- (October 2010)
1- (October 2010) 1- (October 2010)

haddad20
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Posts: 12
Joined: Sun Jan 26, 2020 2:11 pm
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Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Post by haddad20 » Sun Jan 26, 2020 2:40 pm

Hello All,
Please seeking advice please regarding my family and I situation as follows:
1- (October 2010) I came to the UK under Tier 4 student Visa.
2- 1- (October 2010)
1- (October 2010)
1- (October 2010)

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CR001
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Re: Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Post by CR001 » Sun Jan 26, 2020 2:47 pm

Unclear what your full post should be, however note that if you apply for ilr based on long residence, your dependents cannot apply for ilr with you as set LR form does not allow dependents, it is an individual form only.

If your dependents do not have their own 10 years long residence legal stay, they will have to switch to FLR m when you get ilr and meet the English and financial requirements. Their 5 year ilr clock will reset to zero.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

haddad20
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Joined: Sun Jan 26, 2020 2:11 pm
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ILR for Dependents of a Tier 2 (General) holder - Main applicant is applying earlier for ILR Long long Residence

Post by haddad20 » Sun Jan 26, 2020 3:06 pm

Hello All,
Please seeking advice please regarding my family and I situation as follows:
1- (October 2010) I came to the UK under Tier 4 student Visa as main applicant.
2- (December 2010) My wife and daughter joined me as Tier 4 dependents.
3- (January 2011) My wife and daughter returned home for 12 months.
4- (March 2012) My wife and daughter back to the UK.
5- (October 2013) My wife started her PhD in the UK (was still on Tier 4 dependents Visa).
6- (October 2015) My wife switched to Tier 4 student Visa as main applicant.
7- (January 2016) My daughter and I switched to Tier 4 dependent visa on my wife.
8- (November 2017) I switched to Tier 2 (General) visa valid for 5 years until (November 2022)
9- (November 2017) My wife and daughter switched as Tier 2 dependants visa valid until November 2022.
10- (October 2020) I will be eligible to apply for ILR as long residence 10 years.

Please my question are:

1- Do my wife and daughter and apply for ILR on December 2020? bearing in mind they were away from the uk for 14 month (To study Master degree abroad) and they were back in March 2012?

2- If the answer is no for Question 1, do they can continue on their same Tier 2 dependent visa after I apply and switch for ILR (long residence - 10 years) in October 2020? As they current visa valid until November 2022.

3- Can they apply for ILR (long residence - 10 years) in March 2021? the date they continue staying in the UK without a big gap.

With many thanks in advance,
Haddad

haddad20
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Re: Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Post by haddad20 » Sun Jan 26, 2020 3:11 pm

Many thanks CR001 for your kind replay. I apologise I pressed the submit button by accident. I created a new post here: The complete Question

Cheers

Haddad

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CR001
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Re: Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Post by CR001 » Sun Jan 26, 2020 3:18 pm

Topics merged.
1- Do my wife and daughter and apply for ILR on December 2020? bearing in mind they were away from the uk for 14 month (To study Master degree abroad) and they were back in March 2012?
No, they don't qualify as their continuity of residence is broken. Any absence of 180 days or more breaks the continuity of residence for 10 years long residence
2- If the answer is no for Question 1, do they can continue on their same Tier 2 dependent visa after I apply and switch for ILR (long residence - 10 years) in October 2020? As they current visa valid until November 2022.
They could if their visas are not curtailed but should not travel out of the UK unless they switch to FLR m.
3- Can they apply for ILR (long residence - 10 years) in March 2021? the date they continue staying in the UK without a big gap.
Yes if they meet all the requirements in 2022, counting 10 years from the date of entry back into the UK, which you state was march 2012.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

haddad20
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Posts: 12
Joined: Sun Jan 26, 2020 2:11 pm
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Re: Dependents of a Tier 2 (General) holder - Applying for ILR Long long Residence

Post by haddad20 » Sun Jan 26, 2020 3:23 pm

Many thanks CR001 for your valuable prompt advice and clarity, very much appreciate it :) Haddad

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