Immigrationboards.com

Hi,
I want to know what visa my dependents need now based on my immigration history, which is as under:
I got ILR in March 2020 on the basis of long residency i.e. 10 year route. Before that I have been on:
T4 visa from March 2017 to March 2020
T2 visa from 2013 to 2017.
T1 visa from 2011 to 2013.
T4 visa from Nov 2009 to 2011
My wife and two children came to the UK in August 2011 as my dependents when I was on T1. Then they shifted to my dependents on T2, then T4. As a student I was given visa until June 2021 but my 10 years got completed before and I got ILR in March 2020.
Now the question is:
Are my dependents eligible for ILR as they have been my dependents for more than 5 years, though under different categories or do they have to wait for 10 years to get ILR? Are my children (13 and 10) eligible for naturalisation / citizenship?
I would appreciate your time and guidance please.
Kind regards.
Naseer.

Are my dependents eligible for ILR as they have been my dependents for more than 5 years, though under different categories

No they are not eligible.

Or do they have to wait for 10 years to get ILR?

Yes.

Are my children (13 and 10) eligible for naturalisation / citizenship?

No, if they were born abroad they need ilr before they can apply for citizenship and can apply when either parent is also applying for citizenship or is British and the other parent (and the children) hold ilr.

Thank you very much for your reply. Could I ask you please to refer to home office rules / guidance links on that?

Regards.
Naseer

Link to which point exactly??

Hi,
Thanks for your message:
Link to the rules which say that my dependents are not eligible for UK ILR visa? I mean any rule by the home office because Home Office website says my dependents might be eligible on the following link:
https://www.gov.uk/settle-in-the-uk

Also, I found this website (third party lawyer weblink removed by moderator) which says the following:
"What are the rules for a PBS dependent child applying for ILR?
A dependant child will be eligible to apply for ILR at the same time as their PBS migrant parent, or if that parent has already been granted ILR.

To qualify for ILR, the child must have either been granted leave as a dependant of the PBS migrant or their partner or have been born in the UK.

They may not apply if they are now married, in a civil partnership or have formed an independent family unit that is separate from the original family applications.

Applicants who are 18 years or older at the time of application will also need to satisfy the knowledge of language and life in the UK requirements"

Could you please comment on this as this is contradictory to what you said?
Thanks for your time.
Naseer

You cannot apply for ILR for your PBS Dependents (wife or children) based on 5 years PBS dependent route because you did not get ILR based on PBS route but through 10 years long residence. The immigration rules regarding this changed in April 2014, so it is nothing new, see the link below.

immigration-for-family-members/dependan ... 43881.html

Your dependents will have to wait till each of them individually meet the 10 years lawful residence requirement before they can apply for ILR. The 5 year PBS dep route is closed to them.

Thank you very much for your detailed reply and sending me the link. Just one last questions please if you don't mind:
We, the whole family, were given leave until 28/06/2021 but meanwhile I got ILR in the first week of March 2020. My dependents leave expires on 28/06/2021. Their ten years in the UK will be completed on 14/08/2021, as they arrived in the UK on 14/08/2011. What should they do? If they have to apply for another visa, which visa they have to apply for?
Thanks and I really appreciate your advice.
Regards.

Naseer wrote: ↑

Thu Mar 12, 2020 11:06 am

Thank you very much for your detailed reply and sending me the link. Just one last questions please if you don't mind:
We, the whole family, were given leave until 28/06/2021 but meanwhile I got ILR in the first week of March 2020. My dependents leave expires on 28/06/2021. Their ten years in the UK will be completed on 14/08/2021, as they arrived in the UK on 14/08/2011. What should they do? If they have to apply for another visa, which visa they have to apply for?
Thanks and I really appreciate your advice.
Regards.

They should all switch to family visa FLR(M)

Thanks for your answer.