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STatus of tier 2 Dependent once primary gets his ILR

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padma_daya
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Joined: Tue Nov 24, 2015 1:39 pm

STatus of tier 2 Dependent once primary gets his ILR

Post by padma_daya » Tue Nov 24, 2015 2:02 pm

Hi,

My husband came on tier 2 general on Feb 2013.
Me and my daughter arrived on tier 2 ICT on June 7th 2013.
Since tier 2 ICT is not eligible for ILR, we became his dependent in June 2015.
Ideally my husband should get his ILR by June 2018.
What would the visa status be for me and my daughter once he gets his ILR?
And after a year he can apply for the passport. Will we then be a dependent to a british citizen? What needs to be done?
Is there anyway, we can get the ILR at the same time as him by counting in the 2 years of tier 2-ICT stay?

Rambo_ILR
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Posts: 168
Joined: Fri Nov 06, 2015 1:39 pm
India

Re: STatus of tier 2 Dependent once primary gets his ILR

Post by Rambo_ILR » Tue Nov 24, 2015 3:21 pm

No, I guess as you both got transferred to Tier 2 Dependant category that would have re-set your 5 years ILR clock period.

Once he gets ILR, you can extend under same Tier 2 Dependant category and I think your child can apply for ILR along with your husband and then to BC

After he becomes BC, I guess there is a 3 year route if you are still under his dependant – I am not too sure about this though.

Wait for senior members suggestions

secret.simon
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Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: STatus of tier 2 Dependent once primary gets his ILR

Post by secret.simon » Tue Nov 24, 2015 4:22 pm

To begin with, the Immigration Rules change two to three times a year. So, the advice below is based on current rules, but may be out of date by 2018.

If your spouse gets ILR based on T2G, you need to complete five years as dependent including your time as T2G dependent to get ILR. So, in your case, you are looking at June 2020.

If your spouse gets ILR based on LR, you will need to apply for FLR(M), your clock will reset and you will need to spend five years from your initial grant of FLR(M) to apply for ILR.

Your T2 ICT stay would not count for the purpose of acquiring ILR.

Your daughter (assuming that she was born abroad) will have the same status as that of the less-privileged parent. In this case, that would be you, not your husband.
Rambo_ILR wrote:After he becomes BC, I guess there is a 3 year route if you are still under his dependant – I am not too sure about this though.
This causes a lot of confusion. There is no three year route if your spouse is a British citizen, because you need ILR to apply for citizenship. And ILR takes five years anyway.

But, if your husband is a British citizen, you can apply for naturalisation (and your daughter for registration) immediately after getting ILR. You will not need to wait for a year.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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