Dependent visa extension after primary ILR filing

[abhikul]

Hello
I am on dependent tier 2 general visa and my spouse is primary visa holder.
My spouse is applying for ILR in July as tier 2 visa is getting over in August.
I have following questions:
1. I am completing 5 years in October , in that case do I need to file visa extension after my spouse got ILR filed or I can do it before my spouse ILR application?
2. If I file it after my spouse's ILR filing , what visa category should I select for dependent visa?
3. I have 1 year old son , per my knowledge he doesnt need to file ILR and can get passport directly.In that case should I file his visa extension as well till my spouse gets ILR approved?

Thanks you in advance, any help is really appreciated!

[zimba]

1. You can apply near your visa expiry. For a 3-year extension, your spouse must have ILR first

2. Skilled worker dependent route

3. Your son cannot get a British passport as he is NOT British at birth.
A British passport can only be obtained by a British citizen. Your UK-born son merely gets entitlement to British citizenship after your spouse gets ILR. You must register the child first using form MN1 but your son does not need ILR, so he does not need to be included in a visa application. After your son is registered and becomes British, then he can get a passport

[Poornisharma]

Hi Abhikaul,

If you provide exact expiry dates it will be helpful.

If you opt for Visa extension for yourself you will have to pay full 3 years IHS.

As per my understanding, you can apply for ILR 28 days before you complete 5 years. In that case, you can apply for Tier 2 General Visa extension just a day or 2 before your visa is expiring. The decision on your application will take 8 weeks . Now as soon as you become eligible for ILR you can apply for ILR by following 2 ways -
1) Vary your initial Tier 2 Visa extension to ILR application
2) Submit your ILR application & then withdraw your Tier 2 application.

In both the cases above , you will get your IHS fee back for Tier 2 Visa application.

I will recommend views of senior members & lawyers here...