Which form to use to apply for ILR from Tier 2 dependent visa?

[Nik87]

Hi,

I have now naturalised under Tier 2 general in September. My wife joined me as Tier 2 general dependent back in 2016 so now have completed the 5 year duration for ILR and we are planning to apply. We have a few questions we need clarity on please:

• Public Funds: One of the requirement is applicant or partner shouldn't be claiming public funds, I have claimed child benefits and just stopped them start of this month. Should this be a problem if we apply now for my ILR?

• English Requirement: When we made an initial application for the dependent visa my wife used a NARIC certificate as English requirement proof can we use that in ILR application?

• Absence Requirement: I can see for ILR there is a requirement of absence of not more than 180 days early this year we have been out of UK since January till August due to parental health care requirements Am I correct is there absence requirement for ILR and can you use parental health care as an excuse?

[Nik87]

She had applied for extensions twice first time with me when I was on Tier 2 general in Feburary 2017 and second time in January 2020.

[ywlgy]

second time in January 2020.

Because of this, the continuous residence is broken because absence exceeds 180 days in consecutive 12 months. Discretion is only applied when there are compelling reasons, e.g. serious illness or humanitarian crisis. I am afraid parental care is not considered as such. See page 18 here https://assets.publishing.service.gov.u ... 2.0ext.pdf

[CR001]

1. As a British citizen, you are allowed to claim child benefit. There was no news to cancel it.

2. A PBS dependent was never required to prove English for a visa, so even I you submitted this evidence for a PBS dependent visa, I would have been disregarded.

[Nik87]

second time in January 2020.

Because of this, the continuous residence is broken because absence exceeds 180 days in consecutive 12 months. Discretion is only applied when there are compelling reasons, e.g. serious illness or humanitarian crisis. I am afraid parental care is not considered as such. See page 18 here https://assets.publishing.service.gov.u ... 2.0ext.pdf

So Covid 19 is not considered a humanitarian crisis? Her parents come under the vulnerable age group and they have underlying health conditions that's why we had to travel and we tried to return but our flights got cancelled twice in that period. Should this not be considered an excuse? What are our options in regards to absence? Please suggest.

[ywlgy]

second time in January 2020.

Because of this, the continuous residence is broken because absence exceeds 180 days in consecutive 12 months. Discretion is only applied when there are compelling reasons, e.g. serious illness or humanitarian crisis. I am afraid parental care is not considered as such. See page 18 here https://assets.publishing.service.gov.u ... 2.0ext.pdf

So Covid 19 is not considered a humanitarian crisis? Her parents come under the vulnerable age group and they have underlying health conditions that's why we had to travel and we tried to return but our flights got cancelled twice in that period. Should this not be considered an excuse? What are our options in regards to absence? Please suggest.

If you can demonstrate with abundant evidence that your partner tried their best to return to the UK but couldn't do so due to various reasons, apply. The caseworker, not us, will decide if discretion can be applied. Mind that application fee is non-refundable in case of refusal.

[vinny]

Provide evidence that travel was impossible due to the pandemic.

[Nik87]

Hi,

I am currently on Tier2 dependent visa and my partner has settled (British National now) in UK via Tier2 General route. I am now eligible for ILR and not sure which form to use as there are few Set(o), Set(m) etc, please guide which form shall I use to apply for ILR?

Thank you.

[CR001]

Form SET O

[AmazonianX]

Hi,

I am currently on Tier2 dependent visa and my partner has settled (British National now) in UK via Tier2 General route. I am now eligible for ILR and not sure which form to use as there are few Set(o), Set(m) etc, please guide which form shall I use to apply for ILR?

Thank you.

SET (O)

CR001 beat to it.

[Nik87]

Thank you very much both.

While filling the Set(O) form it asks me to provide proof of knowledge of English. On my first application when i applied for dependent application after getting married i used UK NARIC certificate as i have Masters degree which was taught in English.

Can I still use that old UK NARIC certificate for my ILR application?

[AmazonianX]

Thank you very much both.

While filling the Set(O) form it asks me to provide proof of knowledge of English. On my first application when i applied for dependent application after getting married i used UK NARIC certificate as i have Masters degree which was taught in English.

Can I still use that old UK NARIC certificate for my ILR application?

Yes, it is reusable.