What happens to my dependents when I apply?

[nickmpco]

Hi all,

I will have spent 5 years on a tier 2 visa this October, and will therefore apply in September (I understand I can 28 days in advance).

My wife is my dependent, but she will have only spent 3.5 years on my visa. We would be looking to extend her Tier 2 dependency after I receive ILR. But my question is, how does this work? Do we submit our applications at the same time, and do they just hold off making a decision until a decision on mine has been reached? Or does she need to wait to apply until I have received ILR several months in the future? I'm not sure how that would work as her visa will expire in October. I truly hope she can work in the interim, and pray she wouldn't need to leave the country.

I also have 3 kids born here! So I can register them as British citizens once I have ILR. But like my wife, I'm not sure what happens to them in the interim while I am applying.

I suppose I could apply for everyone to extend their visa for a year (applying for ILR while they still have leave), but we will have a hard time paying for that on top of everything else.

Sorry for so many questions, and any help is much appreciated.

[CR001]

ILR doesn't take several months by the way. It takes 8 weeks standard service or you can pay £800 extra for super priority 24 hour service.

She extends her visa as a PBS dependent for a further 3 years. She can apply with you and it will be held till your ilr is approved or she can wait till you have ILR and then apply.

If you apply together and your ilr fails, her application will also fail.

[nickmpco]

ILR doesn't take several months by the way. It takes 8 weeks standard service or you can pay £800 extra for super priority 24 hour service.

She extends her visa as a PBS dependent for a further 3 years. She can apply with you and it will be held till your ilr is approved or she can wait till you have ILR and then apply.

If you apply together and your ilr fails, her application will also fail.

Thanks so much for your reply. I recall seeing 6 month processing time, but maybe that was for the 10 year route (which we were previously considering).

Can I follow up asking how this would work for my kids who will be registering as British citizens? Also the same process of applying at once? Further, I presume my wife will continue to have the right to work as before?

Thank you again.

[CR001]

1. Kids - you can register the children as British only once you have been granted ilr. There is no super prioroty device for citizenship though and you can't submit at the same time as your ilr.

2. If she makes an application before visa expiry, she is protected under section 3c of the immigration rules meaning her current visa conditions continue, even if visa expires, while ho processes her application.

ILR rarely takes more than 6 months these days since the ukcvas service was launched, for normal straightforward applications that is, ie not refugee ilr for example which takes long

[nickmpco]

Thank you!

[nickmpco]

1. Kids - you can register the children as British only once you have been granted ilr. There is no super prioroty device for citizenship though and you can't submit at the same time as your ilr.

2. If she makes an application before visa expiry, she is protected under section 3c of the immigration rules meaning her current visa conditions continue, even if visa expires, while ho processes her application.

ILR rarely takes more than 6 months these days since the ukcvas service was launched, for normal straightforward applications that is, ie not refugee ilr for example which takes long

Hi CR001,

Id like to quickly follow up if I may. As my children cannot be registered as citizens until I have received ILR, and because their visa will expire shortly after I apply for ILR, I believe I will need to apply for their Tier 2 dependent visa so they are not overstaying. Is this your interpretation? TIA

[CR001]

UK born kids do not require a valid visa to register as British. They have an entitlement to register and are not subject to the good character requirement etc if under the age of 10.

[nickmpco]

UK born kids do not require a valid visa to register as British. They have an entitlement to register and are not subject to the good character requirement etc if under the age of 10.

Thank you