ILR for Tier 2 General Dependant (not completed 5 years)

[kyatezz]

What is the fastest and cost effective route to UK citizenship for me? My wife and kids would want to retain their Indian passports until some time in the future, and may/ may not go for UK citizenship.

We are all Indian passport holders with below UK visas:
1. My visa: Visa start date: 03/01/2017; valid until 13/12/2021 (Tier 2 General dependant)
2. My wife's: visa start date: 01/11/2016 ;valid until 13/12/2021 (Tier 2 General main) 
3. Dependant child : visa start date:  03/01/2017 ; valid until : 13/12/2021   (Tier 2 General dependant). 
4. Dependant child 2: visa start date: 10/04/2020; valid until: 13/12/2021  (Tier 2 General dependant)

- My wife finishes 5 years by 1st Nov 2021
- I will finish 5 years only by 03/01/2022 (At the moment, I do not have a visa validity beyond December 2021 though)
- I will finish 10 years on multiple visas by May 2022 (as my 5 year clock got reset with my most recent switch from Tier 2 ICT Main to Tier 2 General dependant in 2017)
- My daughter finishes her 5 years of UK stay by 03/01/2022 (she also does not have a visa validity beyond Dec 2011 just like me)
- My son will only finish his 5 years of UK stay by 2025

My understanding is I have two options:
Option 1) When my wife gets eligible to apply for ILR in October 2021, can we all apply for ILR together (between Oct 2021 and Dec 2021)? I would not have completed the qualifying period of 5 years by then, so not sure how it would work. I will eventually apply for UK citizenship after completing one full year on my ILR.

Option 2) Do we apply for Tier 2 General visa extension first and then, I alone can apply for ILR in January 2022 (or in Dec 2021, as I can apply for the ILR 28 days in advance). The rationale behind this option is we want to save on ILR application costs as eventually only I would want to go for the UK citizenship first. 

Further complication - both my wife and I have violated the continuous residence requirement in March 2020 when we were out of UK and could not return to UK due to the epidemic (We were in India and borders were closed). Believe we would get an exemption based on the guidance released by the UK government on this matter in Dec 2020

[vinny]

Unfortunately, dependants are ineligible for ILR before the Main Applicant..

If you apply for ILR under the 10-year Long residence route, then your dependants will have to switch to the Appendix FM route, resetting their 5-year qualifying period for ILR.

Best that you all extend under the Skilled worker and dependants route and apply together for ILR when main applicant and dependants are eligible under the Skilled worker route.

[CULLINAN]

You can apply when you complete 5 years minus 28 days from initial visa date. If your current visa expiry does not cover that, simply apply before visa expiry and book biometrics when you qualify. You have 45 working days margin there.

You application will only be successful if your wife’s ILR is approved first.

If your children are born abroad, they will have to apply ILR when you do.

You can apply for Naturalisation after waiting 1 year on ILR.

[CULLINAN]

Unfortunately, your wife an child are ineligible for ILR before you.

If you apply for ILR under the 10-year Long residence route, then your dependants will have to switch to the Appendix FM route, resetting their 5-year qualifying period for ILR.

Best that you all extend under the Skilled worker and dependants route and apply together for ILR when you are eligible under the Skilled worker route.

OP is the Tier 2 G dependent not the main applicant.

1. My visa: Visa start date: 03/01/2017; valid until 13/12/2021 (Tier 2 General dependant)

[vinny]

Thanks. Just noticed and corrected previous post.

[vinny]

Sorry, you wife doesn’t need to extend before applying for ILR?

You may need to extend, if you have not completed at least 5-years as a dependant.
Child will be eligible for ILR when both parents are.

[CULLINAN]

OP qualifies ILR from 6/12/2021 and current visa valid till 13/12/2021?

Obviously given, wife (main applicant) gets the ILR successfully.

[vinny]

Opps. Thanks again!

[kyatezz]

Thank you for such prompt replies.

So if I understand correctly, the sequence of events would be:

1. My wife applies for ILR in Oct 2021.
2. My two kids and I must apply for Tier 2 dependant extension (what is the earliest we can do this? can this be a short term extension for a few months rather than up to 1 year?)
3. I and my kids will be eligible to apply for ILR in Jan 2022 ( or 28 days earlier to 3rd Jan 2022)

If we do not desire UK citizenship for my wife and kids, only I alone can choose to apply for citizenship after one year of naturalisation (I assume my wife & kids can relocate to India before I get UK citizenship, and that I do not have a dependency on my wife's ILR)

Is this correct?

[CR001]

2. It is a 3 year extension. You cannot choose the duration to suit your circumstances.

3. You can apply for ilr 3/1/22 minus 28 days. You do not need an extension.

You can apply for citizenship when you meet the requirements and have held ilr for 12 months. This has aboalutly nothing to do with your spouse or your ilr and visa route.

Note that ilr for your spouse and kids is not indefinite if they do not live in the UK. It is lost after 2 years living abroad. Short visits to the UK does not maintain status.

[kyatezz]

Is #2 possible at all ? (i.e. My wife is on ILR and we apply for Tier 2 dependant extension? As I would have almost finished 5 years on the current visa, what is the minimum period I can extend the visa up to? As per the link below, the fee seems to be same regardless of the period the extension is for.

https://www.gov.uk/skilled-worker-visa/ ... h-it-costs

Application fees
If you’re applying from outside the UK, the standard fee depends on whether you’ll be in the UK for:

up to 3 years - £610 per person
more than 3 years - £1,220 per person
If you’re applying from inside the UK to extend, switch or update your visa, the standard fee depends on whether you’ll be in the UK for:

up to 3 years - £704 per person
more than 3 years - £1,408 per person
If your job is on the shortage occupation list
You and your family will pay a lower application fee if your job is on the shortage occupation list.

The fee for each person applying is:

£464 if you’re staying for up to 3 years
£928 if you’re staying for more than 3 years
The fee is the same whether you’re applying from inside or outside the UK.

On top of this, there is also the Healthcare surcharge I need to pay

Healthcare surcharge
You’ll also have to pay the healthcare surcharge for each year of your stay - this is usually £624 per year. Check how much you’ll have to pay before you apply.

So for tier 2 visa extensions, we will be looking at £704 + £624 = £1328 per person or 3*£1328 = £3,984 (just to cover off for the period between 12th December and 3rd January? Seems its a bit too much for 3 weeks!

[CULLINAN]

(2) is irrelevant in your case. Apply ILR anytime after 6/12/2021 and before 13/12/2021.

[vinny]

Apply ILR anytime after 6/12/2021 and before 13/12/2021.

Yes. Include children too.

[kyatezz]

Apologies, want to double-check why #2 was mentioned as irrelevant for me...? Does it mean that myself and our kids do not need to apply for Tier 2 Dependent visa extension for up to 3 years?

Can I and my kids can directly apply for ILR between the dates mentioned? All our visas expires in December 2021 (but my wife who is the main visa holder will be the only one who will have finished 5 years on the Tier 2 visa, I will fall short of completing 5 years by 3 weeks).

[kyatezz]

To be precise, when I say direct, I mean could we apply for ILR without having to apply for Tier 2 General extension?

If I apply for my wife's ILR in October 2020 under a priority service category, can it be guaranteed that she will obtain ILR before 6th December (esp with the current delays in the processing of the applications), assuming all paperwork is in good order.

[CULLINAN]

You must apply before your current visa expiry regardless if your wife (main applicant) has got a decision by then or not. You will directly apply for ILR within the dates I mentioned earlier.

Apply ILR anytime after 6/12/2021 and before 13/12/2021.

If your wife applies for ILR in Oct 2021 and goes for super priority service, given the current biometrics delay of 28 days, she is looking to get ILR in November 2021.

However, note, you must apply before your current visa expiry even if her application decision is still pending then. In this case, your application will only be decided after her application is decided first. As long you make an in time application, you will be protected by Section 3C till a decision is made even if your current visa is expired then.