include additional depandent while vary an application

[zhongyuan]

It cant be refused as per the official guidance if you follow the correct procedure as stated above.

Note: You only get 2 months to submit biometrics. Do NOT apply before 9th Nov to buy maximum time.

PS: You have hijacked someone else’s thread.
Mods please move the above to relevant thread.

Thanks

really sorry for the hijacking, one last question I promise, would ILR application also grant Section 3C leave? I couldn't find this information anywhere, also where can I find the information regarding using Section 3C leave will still contribute to the 5 years continuous?

Is there anywhere stating that grant Section 3C leave is the same as extend the existing leave to remain which is tier 2 dependent in our case.

[CULLINAN]

It cant be refused as per the official guidance if you follow the correct procedure as stated above.

Note: You only get 2 months to submit biometrics. Do NOT apply before 9th Nov to buy maximum time.

PS: You have hijacked someone else’s thread.
Mods please move the above to relevant thread.

Thanks

really sorry for the hijacking, one last question I promise, would ILR application also grant Section 3C leave? I couldn't find this information anywhere, also where can I find the information regarding using Section 3C leave will still contribute to the 5 years continuous?

Is there anywhere stating that grant Section 3C leave is the same as extend the existing leave to remain which is tier 2 dependent in our case.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

[zhongyuan]

I have asked similar questions recently, and this is what I am going to do, hopefully, someone can share some insight before I proceed, if it is a really high risk I will try to stay on the safe side.

I have got my ILR through Tier2 General, my wife will be completing her 5 years on tier 2 dependent on 27 Jan 2021, but her current visa will expire on 10th Nov 2020 (next month, by that time she has completed 4year and 10month on the same visa category)

Based on the advice from another member, I am planning to submit her ILR application before her current visa's expiry date on 9th Nov 2020 along with our newborn baby as her dependant without applying for another tier2 dependent extension.
We will not book an appointment until she becomes qualified for ILR which will be on 31st Dec 2020 (27 Jan 2021 - 28 days).
In this way, her current leave gets extended by Section 3C rule and according to the ILR guidance below, her leave should be granted based on the decision day counting back 28 days.

Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Any comments will be highly appreciated, I would like to know how likely this application will be refused? I have read through everything on UKVI and couldn't really find anywhere saying this approach is not allowed. Many thank in advnace

[CULLINAN]

along with our newborn baby as her dependant without applying for another tier2 dependent extension.

I never said anything regarding the above quoted. Where and when was the baby born?

[zhongyuan]

along with our newborn baby as her dependant without applying for another tier2 dependent extension.

I never said anything regarding the above quoted. Where and when was the baby born?

Oh sorry, the baby was born on July 2019 in the UK and has been granted Chinese passport in the UK (I am aware that I can register him as British citizen, but we would like to have the convenience of travelling between China and the UK in the future) and we have not left UK since he was born, is there a problem would affect the application?

[CULLINAN]

Why do you want to pay for two applications? First ILR and then MN1 for the UK born baby (July 2019)? Its your choice but its not needed. You could have registered the child as BC since you had your ILR in Nov 2019 (unless you did not want to register the baby as BC). Both applications might just take the same time too.

[zhongyuan]

Why do you want to pay for two applications? First ILR and then MN1 for the UK born baby (July 2019)? Its your choice but its not needed. You could have registered the child as BC since you had your ILR in Nov 2019 (unless you did not want to register the baby as BC). Both applications might just take the same time too.

No, we do not want to register the baby as BC, because China doesn't allow dual citizenship, we need to keep his China citizenship for travelling, otherwise we will have to apply china visa everytime when we go back to China. So the ideal solution is to apply ILR for the baby as well.

[CULLINAN]

Why do you want to pay for two applications? First ILR and then MN1 for the UK born baby (July 2019)? Its your choice but its not needed. You could have registered the child as BC since you had your ILR in Nov 2019 (unless you did not want to register the baby as BC). Both applications might just take the same time too.

No, we do not want to register the baby as BC, because China doesn't allow dual citizenship, we need to keep his China citizenship for travelling, otherwise we will have to apply china visa everytime when we go back to China. So the ideal solution is to apply ILR for the baby as well.

Okay cool. Its fine then.

[zhongyuan]

Dear all,

Just a quick question.

I have submitted a tier 2 dependant application for the dependant alone, if we want to vary the application, can we include an additional person in the new variation application?

[zhongyuan]

I would like to give an update for my application,

I eventually decided to not taking the risk of applying for ILR straightaway, because I read that an application will be made invalid if applied duing 3C leave.

So I applied for a dependent visa, but only paid half-year of IHS, I wrote a cover letter mentioning that I all I need is half year, then I will apply for ILR right after I receive the decision.

To my surprise, I today received my BRP card which has 3 years instead of an expected half a year. I will be submitting my ILR application right away.

Thanks again for all the support!!