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Tier 2 to ILR with child and spouse question

Posted: Wed Mar 04, 2020 10:30 pm
by anyu686
Hi All:
I am looking for some advice about my ILR application, below is my situation:
    Myself: Tier 2 visa from Jan/2015-Feb/2018, Feb/2018-Jan/2021 (extension), Apr/2019-Jan/2021 (same employer, change job tile and position)
      My wife: Tier 4 visa Sep/2014-Nov/2015, Tier 2 dependent Nov/2015-Feb/2018, Tier 2 dependent extension Feb/2018-Jan/2021 . We lived together since 2014, got married in UK Sep/2015.
        My daughter: Born in UK Sep/2019, no visa as she did not leave UK since birth. She has Chinese passport.

        Question:
          : I believe there is no problem for myself to apply IRL since i am 5 years with Tier 2, can my wife apply with me? She has less than 5 years tier 2, but we lived together more than 5 years.
            If she can't, she will be eligible to apply in Nov 2020(for 5 years of tier 2 dependent) ? She has some holiday outside uk for last 5 years, but less than 180 days, it should be ok?
              : I can submit my daughter's ILR with mine? (we will not apply British passport for her, as China not allow dual nationality) .

              Many thanks for it!!

              Re: Tier 2 to ILR with child and spouse question

              Posted: Thu Mar 05, 2020 12:47 am
              by zimba
              I believe there is no problem for myself to apply IRL since i am 5 years with Tier 2, can my wife apply with me? She has less than 5 years tier 2, but we lived together more than 5 years.
              No. It's NOT about the period you lived together. She needs 5 years under PBS dependant route for ILR
              If she can't, she will be eligible to apply in Nov 2020(for 5 years of tier 2 dependent) ? She has some holiday outside uk for last 5 years, but less than 180 days, it should be ok?
              Yes
              I can submit my daughter's ILR with mine? (we will not apply British passport for her, as China not allow dual nationality) .
              This only may be possible as the rules are a bit fuzzy on this. You can include your UK born child with your ILR application and see if they grant her ILR. We had a discussion on this a year ago: indefinite-leave-to-remain/pbs-dependan ... 77598.html
              A safer option is to wait and apply for her ILR with your wife in November

              Re: Tier 2 to ILR with child and spouse question

              Posted: Fri Mar 06, 2020 9:42 am
              by anyu686
              Thank you so much for your reply, i have another question, i am required to submit a doc "Declaration signed by XX to confirm consent for the Home Office to request verification checks"

              Am i right it is the part one of https://visas-immigration.service.gov.u ... onsent.pdf ?

              Re: Tier 2 to ILR with child and spouse question

              Posted: Fri Mar 06, 2020 11:23 am
              by zimba
              anyu686 wrote:
              Fri Mar 06, 2020 9:42 am
              Thank you so much for your reply, i have another question, i am required to submit a doc "Declaration signed by XX to confirm consent for the Home Office to request verification checks"

              Am i right it is the part one of https://visas-immigration.service.gov.u ... onsent.pdf ?
              Yes. If you apply on your own, only part one needs to be signed