I am going to get ILR, but want to know about my depandent VISA for my wife and son

[supravatsamanta]

Hi Team,

I am working in UK and going to apply for my IRL this year. But My WIFE and SON are in INDIA as my son is studying in India. But they have had UK VISA for 3 Years and will be finished coming September 2024.

I am going to apply for the ILR only for me as I have only stayed in the UK for 5 Years. I know my son and wife can not be eligible for ILR but what is the procedure for them if they want to come as dependant in the future?

After 1 year my wife will come to the UK and stay with me. Please let me know how her VISA will be applicable for my dependant and what are the current rules and regulations.

Also, my son may visit the UK in between as he will be continuing his engineering in INDIA. How to apply for my SON VISA what are the criteria to apply for my dependant VISA and what are the current rules and regulations?

[Frontier Mole]

Both can continue to be your dependents under the SWV / Tier 2 route you are on. Even after you receive ILR.

How your son will proceed all depends on his age and intentions. If you don’t extend his dependent visa and he turns 18 or is 18 already he will not have a route to settle based on being your ILR.

Your son would have to qualify under his own steam through work, study or some other route.

[supravatsamanta]

Thank you so much for your quick help and support.

Yes Our VISA is Tier-2 Gen. My WIFE and SON is having VISA now and they stayed with me for 1 year after they went to India as my son is going to continue his studies in India.
Could you please clarify the below point as well?
- Can I apply dependant VISA for my WIFE and Son (18 plus) after my ILR? Or at the time of my ILR I should extend their dependant VISA.
- What are the criteria to apply dependant for my WIFE as she is going to stay with me after 1 year
- As mentioned My SON is studying in India and if he wants to come to me after my ILR, What is the VISA process, my SON can come and stay with me for a few months and again he can go back to India for his studies.
- What are the VISA options for my 18 plus SON to travel to UK and stay with me in his vacation period?
Also once he has finished his study then what is the next VISA process for him.

[meself2]

Can I apply dependant VISA for my WIFE and Son (18 plus) after my ILR? Or at the time of my ILR I should extend their dependant VISA.

Wife - yes; son - no, as he is not dependent on you.

What are the criteria to apply dependant for my WIFE as she is going to stay with me after 1 year

As she'll be coming back to you after one year and her visa is till Sept 2024, she'll have to apply anew for a spouse visa from India.

As mentioned My SON is studying in India and if he wants to come to me after my ILR, What is the VISA process, my SON can come and stay with me for a few months and again he can go back to India for his studies.

As a visitor solely, assuming his visa runs out.

Also once he has finished his study then what is the next VISA process for him.

As stated above, there's no visa dependent on you - he needs to find a job/etc for himself.

[Frontier Mole]

The son is currently a dependent then he can continue to extend on that dependency. Unless I am missing something?

https://www.gov.uk/skilled-worker-visa/ ... d-children

[Frontier Mole]

And - extract from ILR

Children 18 and over
You can only include older children in your application if they both:

were under 18 when they first got permission to be in the UK as your dependant
still do not live an independent life - for example, they have not got married or had children
They also need to:

pass the Life in the UK Test
meet the English language requirements
If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

————————-
Being a dependent as a student studying overseas is covered off too. It gets a little trickier but it will allow your son to eventually settle in the U.K. if that is what he wants to. He will have to check the absence rules that would apply for ILR.

[vinny]

If wife is unable to apply for ILR with you, then both wife and son should extend in the UK before their leave expires, at the same time or after you apply for ILR. They should be granted 3 years’ leave. Son should not lead an independent life and often return home to the UK during holidays from studies, to be safe.

[secret.simon]

both wife and son should extend in the UK before their leave expires

Just to add, the extension to the visa will need to be done while your son is in the UK (i.e. an extension can't be done from outside the UK) and keep in mind that he can't leave the UK until the application is decided (because leaving the UK while an immigration application is in progress withdraws the application without any refund of fees). So plan it for his summer holidays.

Also keep in mind that if he is over 18, he will need to meet all the requirements for naturalisation that you have to, including absence over five and one requirements, physical presence requirements, etc.

So, even if he gets ILR, he will be years away from British citizenship, if that is the eventual goal.