ILR Dependent Visa Query

[Liverpool19]

Hi,

I have completed my 5yrs in UK and would be applying for ILR (WP+ICT+Tier 2 general) in couple of months.
My wife and son are with me as a dependent before (July 2012) and their visa is expiring this December.

Even though they are with me for the last two yrs I don’t have enough cohabilitation documents to push for their ILR.

I am planning after my ILR i would make them my dependent and apply for their ILR in two years time.
Is that possible or they will have to wait for the next five yrs for their ILR.

Thanks in advance

[ilrdep]

You can apply for your son without any co -habation documents.

Can you list out out what all documents you have with your wife name?
Council tax?rent agreement? or any other bills which has her name?
Registered with GP? Driving License? visa extension letters from Home office?Bank accounts?

[Liverpool19]

Thanks for your reply.

I have read the below on the Home office website stating that both parents needs to have ILR before a child can get one.

Your children can apply for settlement when you and your partner have either:
• applied for settlement; or
• been granted settlement.

As mentioned earlier i am only applying ILR for myself and due to lack of cohabilitation documents my wife will be my dependent.

Have two questions.
1) Can i apply for my son’s (3yrs) ILR along with my application or dependent?
2) If my wife becomes by dependent would she be able to apply for ILR after 2yrs or she has to wait 5 more yrs for her ILR?

[Amber]

Where was your son born?

[Liverpool19]

He was born in India.

[Amber]

When was your wife's last PBS dep visa extension? What cohabitation documents do you have exactly and has she been out the UK in the last 2 years?

[Liverpool19]

She got her tier 2 general dependent visa in may 12. In terms of documents we have her Nhs card, bank account has not been accessed for quite few years as there was no funds in it.

[Amber]

She got her tier 2 general dependent visa in may 12. In terms of documents we have her Nhs card, bank account has not been accessed for quite few years as there was no funds in it.

Ok, before May 2012 was she your dep and in the UK?

The cohab proof only needs to be since the last extension which would be May 2012.

[dk2011]

You need cohabitation proof only from may 2012 for a maximum of 2 years period.
e.g. if you apply in September 2013 you need for the period between may 2012 to september 2013.
Please wait for Amber to confirm it.

[vinny]

If you co-habituated, marriage/akin to marriage, in the UK prior to May 2012, then I think you may also include evidence of that. Wife is subject to the two years co-habitation requirements for ILR.
There's no problem for son to be included in your ILR application.