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ILR Dependent in Tier2 ICT dep visa & claiming child benefit

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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testfirst
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Joined: Sun Mar 24, 2013 10:52 pm

ILR Dependent in Tier2 ICT dep visa & claiming child benefit

Post by testfirst » Thu Mar 05, 2015 2:22 am

Hi Experts, Please could you go through the below scenario and advice me? reposting the question as I have not had answer for my previous post and the situation is slightly changed.

I have had my Tier 2 ICT visa for the past 5 years and got my ILR in last December (20-Dec-2014). My wife has the Tier 2 ICT dependent visa. I have not applied for her ILR dependent visa for the following reasons:

a) She was not eligible for ILR as she came to the UK in October 2012. Details of the visa stamping dates are as below:
- The application for the Tier 2 ICT dependent was filed on the 13-Sep-2012
- Her first Tier 2 ICT dependent visa was issued in 05-Oct-2012
- She came to the UK on 10-Oct-2012
b) We were pregnant and due to deliver our baby

She is still continuing in her Tier 2 ICT dependent visa which is valid till July 2016. My questions are below.

1. Can she continue in her current tier 2 ICT dependent visa until it expires?
2. Will she have any problem when we travel to India and back to the UK?
3. We had our baby before I got the ILR (13-Dec-2014). Hence I have applied for the Child Benefit after my ILR and I am receiving the benefit. Will this impact the ILR of my wife when she applies after completing her 5 years
3. Your suggestion to next step when her current visa expires so that she will be eligible for ILR after 5 years

Note: Our child is now registered as a british citizen and having the british passport.

Many Thanks for your valuable suggestions. Looking forward your replies.

iworker
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Re: ILR Dependent in Tier2 ICT dep visa & claiming child ben

Post by iworker » Thu Mar 05, 2015 9:15 am

yes
no
no
she will need to renew her PBS dependent visa once more so she can accumulate 5 years before she applies for ILR

testfirst
Newly Registered
Posts: 24
Joined: Sun Mar 24, 2013 10:52 pm

Re: ILR Dependent in Tier2 ICT dep visa & claiming child ben

Post by testfirst » Thu Mar 05, 2015 9:23 am

Thanks iworker for the reply.

When my wife's Tier 2 dependent expires in 2016, which visa I can go for her as I am in ILR in order to get her to 5 years? Can I renew the Tier 2 dependent visa when I am not in Tier 2?

Please advice on this.

cfdman
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Joined: Thu Mar 07, 2013 1:28 pm

Re: ILR Dependent in Tier2 ICT dep visa & claiming child ben

Post by cfdman » Thu Mar 05, 2015 11:08 am

Yes. Refer the PBS dependent policy guidance from the link below, (See Introduction --> Point 2 )

https://www.gov.uk/government/uploads/s ... _07-14.pdf

Your wife can apply to extend her PBS dependent visa, even you are now in ILR (provided, you held a Tier 1/2/4/5 visa immediately before obtaining ILR). In your case, you held a Tiet 2 visa.
She will get further 3 years leave as PBS dependent.

testfirst
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Posts: 24
Joined: Sun Mar 24, 2013 10:52 pm

Re: ILR Dependent in Tier2 ICT dep visa & claiming child ben

Post by testfirst » Thu Mar 05, 2015 5:26 pm

Many many thanks cfdman,

I believe her 5 years will not start from the scratch when I renew her tier 2 PBS visa in 2016. Please could you confirm this as well?

Many Thanks

cfdman
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Posts: 193
Joined: Thu Mar 07, 2013 1:28 pm

Re: ILR Dependent in Tier2 ICT dep visa & claiming child ben

Post by cfdman » Thu Mar 05, 2015 5:28 pm

No. It wont.

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