Immigrationboards.com

Hi Admin,

I am bit confused on my ILR eligibity and wanted some clarifications.

History:-
We moved to UK in December 2014 under Tier 2 ICT Visa with me being the main visa holder and my wife and son being dependent.
Then in June 2016, My wife switched her visa to Tier 2 General.
Me and my son moved to Tier 2 general dependent category in Feb'2017
Our second child was born in the UK in Nov' 2018.

From my research, I am aware that:-
My wife will be eligible for ILR in June 2021 [ 5 year rule]
My second child(born in YK) can naturalize to british citizen ship as soon as my wife gets ILR i.e. June 2021.

Question:-
1. Will we (myself and our elder child) be eligible for ILR along with her or we will have to apply for another dependent visa for until 5 years are completed i.e. Feb'2022?
2. Subsequently, when will we three be eligible for british citizen ship?

thanks in advance,
Rohit

1. No you can't apply for ilr at the same time. You and the child born abroad will qualify only in 2022. You need 5 years residence as a tier 2 dependent before you can apply for ilr. You will need an extension, which is a 3 year extension.

2. Once you have held ilr for 12 months if your spouse is not British.

On extension:- Is it mandatory to apply for a minum 3 year period for extension? The reason for asking is the NHS costs which are calculated on a per year basis.

sabikhi wrote: ↑

Mon Oct 05, 2020 2:21 pm

On extension:- Is it mandatory to apply for a minum 3 year period for extension? The reason for asking is the NHS costs which are calculated on a per year basis.

The length of extension is dictated by the immigration rules, which state the dependent will get a 3 year extension if the main PBS visa holder has ilr. You cannot choose a shorter extension time.