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ILR Eligibility for child born outside of UK
Posted: Mon Feb 17, 2020 9:55 pm
by sivalsm
Hi,
I came to UK on Tier 2 General route. I got my ILR in Jan 2020. My wife and daughter came to UK after 6 months of my arrival. They will complete 5 years term by July 2020. At the moment they hold visa valid until April 2020.
I'm in process of renewing my wife visa for 1 year (short of 3 months for ILR Eligibility) and will apply ILR in July 2020.
When it comes to my daughter (Age: 11), Do she need to complete 5 years to eligible for ILR?
Thanks,
Siva
Re: ILR Eligibility for child born outside of UK
Posted: Mon Feb 17, 2020 11:44 pm
by Djsuccess
sivalsm wrote: ↑Mon Feb 17, 2020 9:55 pm
Hi,
I came to UK on Tier 2 General route. I got my ILR in Jan 2020. My wife and daughter came to UK after 6 months of my arrival. They will complete 5 years term by July 2020. At the moment they hold visa valid until
April 2020.
I'm in process of renewing my wife visa for 1 year (short of 3 months for ILR Eligibility) and will apply ILR in July 2020.
When it comes to my daughter (Age: 11), Do she need to complete 5 years to eligible for ILR?
Thanks,
Siva
Both your wife and child have to complete the 5 years to be eligible for ILR. Since your child was not born in the UK, and she is already on the Tier 2 dependant visa route, you have to ensure she does not become an overstayer. And while you are extending their visas, make sure you use the right form and apply under the correct category so they don't lose their continuity.
Re: ILR Eligibility for child born outside of UK
Posted: Tue Feb 18, 2020 3:17 am
by zimba
sivalsm wrote: ↑Mon Feb 17, 2020 9:55 pm
Hi,
I came to UK on Tier 2 General route. I got my ILR in Jan 2020. My wife and daughter came to UK after 6 months of my arrival. They will complete 5 years term by July 2020. At the moment they hold visa valid until
April 2020.
I'm in process of renewing my wife visa for 1 year (short of 3 months for ILR Eligibility) and will apply ILR in July 2020.
When it comes to my daughter (Age: 11), Do she need to complete 5 years to eligible for ILR?
Thanks,
Siva
PBS dependant extension is granted for 3 years (you cannot extend it for 1 year). Children born outside the UK do not have a qualifying period to complete, they are simply eligible for ILR when both parents are settled.
Re: ILR Eligibility for child born outside of UK
Posted: Tue Feb 18, 2020 3:23 am
by sivalsm
Hi,
Thanks for reply.
As my wife also eligible for ILR by July 2020, I should go for extension for both of them I guess.
I heard I can extend their visas for 1 year but 3 years max by entering my visa expiry date during IHS pay.
Thanks,
Siva
Re: ILR Eligibility for child born outside of UK
Posted: Tue Feb 18, 2020 3:25 am
by zimba
sivalsm wrote: ↑Tue Feb 18, 2020 3:23 am
Hi,
Thanks for reply.
As my wife also eligible for ILR by July 2020, I should go for extension for both of them I guess.
I heard I can extend their visas for 1 year but 3 years max by entering my visa expiry date during IHS pay.
Thanks,
Siva
Yes both have to extend and both can apply together for ILR.
You need to pay IHS for three years or your application will be delayed.
Re: ILR Eligibility for child born outside of UK
Posted: Tue Feb 18, 2020 8:11 am
by aby00156
sivalsm wrote: ↑Tue Feb 18, 2020 3:23 am
Hi,
Thanks for reply.
As my wife also eligible for ILR by July 2020, I should go for extension for both of them I guess.
I heard I can extend their visas for 1 year but 3 years max by entering my visa expiry date during IHS pay.
Thanks,
Siva
Just FYI,
The 5 years for your wifes ILR is counted from the date of issue of the visa. And you can apply 28 days before the 5year completion period.
See if this helps in your wifes case. Might save you some money.
Re: ILR Eligibility for child born outside of UK
Posted: Tue Feb 18, 2020 9:19 am
by sivalsm
Thanks for your concern. July is after considering 28 days from Visa issue date..
