Path to permanency

[snishaad]

Hi All,

My spouse will be moving to ILR in 5 months. However, I have been in ICT Tier 2 visa for 3 years and have just moved as her dependent. By the time she is eligible for ILR, i would have 3.5 years in the UK.

My understanding is that she will be in ILR and I will get a PBS dependent extension to continue. At what point can i apply for ILR and subsequently a British passport. Will i get my passport when she applies for her passport assuming i complete 5 years in UK by then?

Thanks

[CR001]

You need 5 years on PBS dependent visa before you can apply for ilr. Your time on ICT visa doesn't count towards the 5 years.

You need ilr before you can apply for citizenship. You need your citizenship certificate which you get once approved and you have attended your ceremony before you can apply for a passport.

If your spouse is British by the time you get ilr, you can apply for citizenship as soon as you have your ilr brp card provided you meet all the requirements.

[snishaad]

Thank you for the clarification. I am currently on a PBS dependent visa of spouse's Tier 2 General. When she applies for ILR, will i need to apply for an extension of my current PBS dependent visa or will that be a separate dependent visa category? Please note i would have spent around a year as a PBS dependent when she submits her ILR application.

[CR001]

Once your spouse gets ilr based on tier 2 general, you must apply to extend your visa before it expiry date. You apply to extend as a skilled worker dependent. It will be a 3 year extension. If you are still short for your own ilr,you will need to apply for another 3 year extsnion.

[snishaad]

Thank you for your response. I have one final question. It will be great if you can assist with the clarity on this question as well.

My wife's ILR was issued for 5 years in one shot. This means that my current dependent BRP will also expire at the time she is eligible for ILR. Should i wait for her ILR BRP to come through and then apply for extension? Or can i submit my dependent visa application along with ILR application?

There is a chance that her ILR brp might get delayed even if she applies 28 days prior to 5 yrs cut-off and i might not have time to wait for the brp and then apply for my dependent visa extension and hence the request for clarification.

[CR001]

You can apply at the same time. Your application will be held until her ilr is granted.