ILR for Tier 2 Dependants

[dineshsethiya]

Hello Team,

Greetings from me !

I have some queries on the eligibility of ILR for Tier-2 dependent. My wife has completed 5+ yrs on Tier-2 General visa and now eligible for the ILR. However I have only completed 2 yrs as her dependent on Tier-2 General and before that I was on my Tier-2 ICT as primary holder for 4 years. So overall I have completed 6 years in UK but only last 2 years on Tier-2 General dependent. So my query is that

(1) am I also eligible to apply for ILR alongwith my wife OR do I need to complete 5 years on Tier-2 general?

(2) My son has also moved as Tier-2 General dependent to my wife and prior to that he was as my dependent on Tier-2 ICT. So can he apply for ILR along with my wife or does he also needs to complete 5 years Tier-2 general?

My sincere thanks in advance.

Kind Regards,
Dinesh

[CR001]

1. No you are not eligible for ilr. You need 5 years as a tier 2 dependent for ilr. Tier 2 ict main visa time does not count for ilr based on 5 years residence.

2. No he cannot. Your son will qualify for and can apply for ilr when you do.

Also, please do not tag your questions onto other users topics. Post split to your own topic. It is considered rude and unfair.

[dineshsethiya]

Thank you so much for your prompt reply and apology that I mixed it with the existing post. Will take care of it in future post.

Kind Regards,
Dinesh

[dineshsethiya]

Thank you so much for your prompt reply and apology that I mixed it with the existing post. Will take care of it in future post.


I have one more question....my current dependent visa is valid until September'2022, so once my wife get the ILR this august, do I need to reapply my visa or will my visa continue to be valid until it's expiry?

Kind Regards,
Dinesh

[CR001]

If your spouse applies for ilr based on 5 years tier 2, your visa remains valid.

[dineshsethiya]

Dear Moderator,

On this same topic, we sent a query to home office and this is what they replied. Now from their email my impression is that I don't need to complete 5 yrs on the Tier-2 General visa as dependent and I am eligle to apply for ILR as well because I have completed more then 5 yrs staying together with my spouse. The response from home office does not mention anywhere that 5 yrs have to be completed by dependent on the same visa.

Is my understanding from the home reply is correct becasue I tried to reach out to them again and they are saying this is what max we can tell you.

++++++++++++++++++++++++++++++++++++++++++++

----- Forwarded message -----
From: UKVI Visa Queries <ukvidomestic@ukvisupport-tpuk.zendesk.com>
Sent: Friday, 6 August, 2021, 05:24:39 pm GMT+1
Subject: UKVI - Enquiry Update - Ref:210239

Your query to UKVI ref:(210239) has been updated. We've added a reply to your query.
To add additional comments, reply to this email.
xxxxx
6 Aug 2021, 17:24 BST

Thank you for your email dated 7th July regarding whether your husband can apply for ILR along with you.

Eligibility for partners

Your partner may qualify if all of the following apply:
• they have permission to be in the UK as your partner
• they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
• your relationship is genuine
• you intend to continue living together
• you have enough income to support yourselves and your dependants
• you’re not using public funds

They must:
• pass the Life in the UK Test
• meet the English language requirements

You can find this information at the link below:
https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

You can also find information on your husband's potential Indefinite Leave using the link below:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Please note the onus is upon individual customers to ensure that they satisfy the requirements for the visa they are applying for. Guidance material accompanies each and every application and should be considered when making an application. UK Visas and Immigration is not able to give, indicate or advise upon the outcome of any such application prior to it being given full and careful consideration.

Directing you to the guidance material is the only advice we can give you. If you need any further help you should seek independent immigration advice. Immigration advisers can help you with immigration matters, including completion of forms and representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which mean they must meet certain standards.

Please see the below link to find an immigration adviser:
https://www.gov.uk/find-an-immigration-adviser
Regards,
Xxxx
UK Visas and Immigration




DCAT - Home Office
6 Aug 2021, 15:47 BST
Dear Team,

We are allocating this email to your unit.

If you consider that this case is not for yourself or your area, then please forward onto the correct unit or return it to us with a suggestion of whom to allocate it to.

Please note that we are an allocation team/hub and do not draft/send responses to customers.


Kind regards,

Customer Correspondence Hub (CCH)
Central Operations
UK Visas and Immigration
7th floor Lunar House
Wellesley Road, Croydon, CR9 2BY
Driving improved delivery for customers, supporting secure decisions



Sent: 07 July 2021 18:33
To: Public Enquiries (CD) <Public.Enquiries@homeoffice.gov.uk>
Cc: Coronavirus Immigration Helpline <CIH@homeoffice.gov.uk>; UKVAIG.ServiceIntegration@fco.gov.uk
Subject: ILR Application Enquiry

Hi
I have a query about me and my family's ILR application.
I have been on Tier 2 General for last 5 years , and am now eligible to apply for ILR.
My husband is on my dependant visa since last 2 years, However, he has been living with me in the UK for last 6 years (through Tier 2 ICT visa). Is my husband eligible to apply for ILR along with me this year ? If not, would his visa remain valid once I have been granted ILR or would he need to apply for another visa? Under which category would he need to apply the visa?

Regards,
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++



Kindly please advise.

?Many thanks.

[CR001]

The tier 2 dependent does NOT qualify for ILR. You need 5 years as a tier 2 dependent before you can apply for ILR. The emails does not state anything different to what has already been advised.