T2 ICT established staff - Long term residency ILR dependents

[Vijayendrasingh123]

Hi All,

I came to UK in 2010 on Tier 2 ICT Established staff- 2 Sep 2010 till July 2021(initial Visa for 3 years followed by two extension of 3 and 5 years respectively) within UK.

There is no continuous 180 days and no total 540 days, away from UK during above mentioned Visa duration.

As per 10 year ILR route, am I eligible for ILR now.

My spouse and kid (6 months when she came to UK) came to UK on 2 Dec 2010 (although t2 ict established staff dependant visa was issued on sep 2010) and have Visa till July 2021(same as me). They too do not have continuous 180 and total 540 days away from Uk.

I am planning to apply for ILR now via 10 year route for myself.

As my family still have 2 months left before they can apply for ILR (they can apply in Nov 2020), if I apply for ILR now and granted, will it impact legal stay of my family in UK. Do they need to switch Visa to some other dependent category for 2 months time until they became eligible for the ILR?

Many thanks in advance.

Regards
VJ

[CR001]

if I apply for ILR now and granted, will it impact legal stay of my family in UK.

No.

Do they need to switch Visa to some other dependent category for 2 months time until they became eligible for the ILR?

No, but they should not travel out of the UK until they have ILR.

You were already advised of this in 2018 when you asked the same question.

https://www.immigrationboards.com/uk-ti ... l#p1718486

You could have already applied for ILR LR within 28 days before 4th May 2020.

[Vijayendrasingh123]

Thanks for quick response.

My application got delayed due to Life in UK and English language centre closed to COVID.

Yes, I asked the similar query earlier, reason for asking this query is following documentation on UK Govt website.

Now if you read section 15, that family can stay on same BRP until it expire, but section 19 (for long term residency) is not very much clear.

I called UK visa office to clarify it and they too are not very much clear (as there call centres are not managed by Govt people but some private company). They asked me to contact independent immigration advisor to check laws/rule further.


https://www.gov.uk/government/publicati ... rs-1-2-4-5
Document : PBS dependant guidance (section 15 to 19)



What happens when the main applicant has been granted indefinite leave to remain (ILR)? -

15. If you are the dependant of a person (Main Applicant) who has indefinite leave to remain (ILR), or British citizenship, you should read this guidance as if they still hold their last grant of limited leave.
16. If the Main Applicant has been granted ILR or British citizenship, and you currently have leave as their dependant, your leave to remain is valid until the expiry date on your biometric residence permit.
17. If your limited leave to remain is due to expire, you should consider whether you qualify for ILR as their dependant. Further details of the requirements for ILR for dependants are shown below (‘settlement eligibility for partners’).
18. If you do not qualify for ILR, you can apply as the partner or child of a person who’s already settled on the basis of their:
• Appendix W visa;
• Tier 1 visa;
• Tier 2 visa;
• Tier 5 (International Agreement) visa.
For example, if the person with ILR last held leave to remain in Tier 1, you should read the guidance as if you are applying as the dependant of a Tier 1 migrant.
19. If your partner or parent settled in another way, for example because they had been in the UK for 10 years (known as ‘Long Residence’), you cannot apply as a Skilled Worker or Student dependant. You will need to apply to stay in the UK with a person settled in the UK. Further information about making an application as the spouse or child of a settled person is available at www.gov.uk/uk-family-visa

[CR001]

The guidance you quote is NOT relevant to your dependents SET(LR) ILR. It is ONLY relevant to PBS Dependent 5 year ILR route.

[Vijayendrasingh123]

thanks.

is it because document, I referred is for following and mine is SET(LR) route?

This guidance gives the full UK Visas and Immigration policy on applications by ‘PBS dependants’ (the dependant family members of people who have, or are applying for, visas under Tier 1, Tier 2, Tier 4 or Tier 5 or Appendix W).

Is there any document on UK govt website explaining my scenario?

[CR001]

You are overthinking. They can apply for ILR based on long residence when they qualify. Their visas don't suddenly become INVALID when you get ILR. It doesn't work like this.

They simply apply when the qualify, within 28 days before 2nd December. There is no need to switch their visa category to cover only a few weeks as you won't have an immediate approval of your ILR either due to the backlog still being dealt with.

[Vijayendrasingh123]

thanks a lot.