Tier-2 five year completion or 7 year child rule?

[jjrajesh]

Hi friends,

I have Tier 2 visa for last two years and the previous 5 years in Student and PSW category. My wife and daughter are with me in UK as dependants for the last 7 years.

I can apply for ILR completing my Tier 2 duration in the year 2015 or by means of long residency completing 10 years again in 2015.

Now my daughter has lived here for 7 years without any break, is it advisable to apply for her under 7 year child rule before 13th December( stricter procedure implemented) or should I wait for another 3 years till I complete my Tier 2 duration.

If I apply for my daughter now, she has to wait for another 10 years to get the ILR.

I would request the experts of this forum to advise me the best option as I have only 5 days to apply.

Regards.

[jjrajesh]

Hi experts,

Can anyone please give their expert opinion on this matter? I have only 5 days to apply.

Regards.

[quantum1]

You will not get ilr with 7 year rule. It will not benefit you.

[jjrajesh]

Hi Quantum1,

Thanks for your reply. Yes, it's a long wait for the ILR through the 7 year child route. But in another 3 years , HO can throw more surprises. Should I wait for 3 years to complete my Tier 2 duration?
Regards.

[Greenie]

I really don't see why you would try to switch to the 7 year child route. The sensible option in my view is to stick with tier 2 and have the 7 year child route as a back up option in the event that you don't qualify for ilr under tier 2./10 year long residency.

[jjrajesh]

Hi Greenie,

Thanks for your valid suggestion. But I can't keep the child route as a back-up option for another 3 years as my daughter will be 18 next year and no more a child.

There are some practical issues.

1. Without PR status, she is not eligible for home student fees as well as can't avail the loan for tuition fees.
2. By the time I go for Tier 2 renewal, she will be 18 and I am not sure whether she will be allowed to apply as my dependant.
3. 3 years is a long period and we all know there will be more changes and amendments. Is it sane to wait for 3 yrs?

Please give me the best option.

Regards.

[Greenie]

She can continue to extend her leave as your dependent after she reaches the age of 18.

Changes are generally not retrospective.

When is she 18?

[jjrajesh]

She will be 18 in 6 months. As you know, there are some restictions in the child dependant rules once they reach 18.

[jjrajesh]

Hi Greenie,

You must be busy, please reply once you find time, thanks in advance.

Regards.