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ILR eligibility for dependents
Posted: Thu Oct 08, 2020 11:51 am
by sidg0
Hi,
Thanks for your help in advance. I am posting here because i was not able to find answers in existing post. Apologies, if this is a repeat.
I came to UK Feb-2016 on a Tier 2 Visa. I will be eligible for an ILR this Feb-2021 and hopefully I will get it. The question is for my dependents:
- My son was born in 2018. He has not lived in UK for 5 years. Will he be eligible for ILR in Feb-2021 or if i get a British citizenship in Feb-2022
- My Wife / daughter were away from UK for more than 180 days in 2018. Is the continuous residence clause applicable for them? Will they get an ILR in Feb-2021?
- If my family does not get an ILR, What status would they be in UK in 2021?
- if i choose to get a job outside UK in 2021, Can they stay on UK on the above status? This assumes i would commute from UK and we would have a house here.
Thanks
SId
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 12:15 pm
by CR001
- My son was born in 2018. He has not lived in UK for 5 years. Will he be eligible for ILR in Feb-2021 or if i get a British citizenship in Feb-2022
Where was he nron, UK or a road?
- My Wife / daughter were away from UK for more than 180 days in 2018. Is the continuous residence clause applicable for them? Will they get an ILR in Feb-2021?
It depends on if the absence is on a visa issued on or after 11 January 2018. You don't state her visa or extension start and ends dates or when they came to the UK.
- If my family does not get an ILR, What status would they be in UK in 2021?
Tier 2 dependents.
- if i choose to get a job outside UK in 2021, Can they stay on UK on the above status? This assumes i would commute from UK and we would have a house here
Unlikely as their immigration status is wholly dependent on you be present in the UK.
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 12:22 pm
by vinny
If child was born in the UK, then he is
entitled to register immediately after you are granted ILR.
If wife’s leave was granted prior to
11 January 2018, then she and daughter should be okay.
Else, they may
extend as PBS dependants.
If an ILR holder chooses to get a job outside the UK, then the ILR is at
risk of being cancelled or revoked.
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 12:31 pm
by sidg0
CR001 wrote: ↑Thu Oct 08, 2020 12:15 pm
- My son was born in 2018. He has not lived in UK for 5 years. Will he be eligible for ILR in Feb-2021 or if i get a British citizenship in Feb-2022
Where was he nron, UK or a road?
Not born in the UK
- My Wife / daughter were away from UK for more than 180 days in 2018. Is the continuous residence clause applicable for them? Will they get an ILR in Feb-2021?
It depends on if the absence is on a visa issued on or after 11 January 2018. You don't state her visa or extension start and ends dates or when they came to the UK.
Visa was issued along with my visa (feb-2016) for both.
- If my family does not get an ILR, What status would they be in UK in 2021?
Tier 2 dependents.
- if i choose to get a job outside UK in 2021, Can they stay on UK on the above status? This assumes i would commute from UK and we would have a house here
Unlikely as their immigration status is wholly dependent on you be present in the UK.
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 1:10 pm
by CR001
If your son was born abroad, then he can apply for ilr when all of you apply for ilr. There is no 5 years residence for small children.
If there is no visa extension after January 2018, then absence for dependents is irrelevant. Assuming you all got a 5 year visa initially then.
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 1:15 pm
by sidg0
CR001 wrote: ↑Thu Oct 08, 2020 1:10 pm
If your son was born abroad, then he can apply for ilr when all of you apply for ilr. There is no 5 years residence for small children.
Thanks! Sorry for missing out this detail earlier.
If there is no visa extension after January 2018, then absence for dependents is irrelevant. Assuming you all got a 5 year visa initially then.
Correct, we got a five year visa in Feb-2018. No extensions or anything. We complete 5 years in Feb-2021. Thanks
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 1:16 pm
by CR001
All fine then. Your spouse need English B1 and liuk as well.
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 1:18 pm
by sidg0
vinny wrote: ↑Thu Oct 08, 2020 12:22 pm
If child was born in the UK, then he is
entitled to register immediately after you are granted ILR.
If wife’s leave was granted prior to
11 January 2018, then she and daughter should be okay.
Else, they may
extend as PBS dependants.
If an ILR holder chooses to get a job outside the UK, then the ILR is at
risk of being cancelled or revoked.
I am intrigued about the ILR holder taking a job outside. I thought you can do that on an ILR. I guess you have a residence here and consider UK as a permanent home. The only clause i could find is if you return after 2 years. Then it may get revoked
Thanks a lot for your help!
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 1:29 pm
by vinny
They expect
returning residents to return for the purpose of settlement on each entry. If you have a job outside the UK, then this raises doubts.
Re: ILR eligibility for dependents
Posted: Thu Oct 08, 2020 3:08 pm
by sidg0
sidg0 wrote: ↑Thu Oct 08, 2020 1:15 pm
CR001 wrote: ↑Thu Oct 08, 2020 1:10 pm
If your son was born abroad, then he can apply for ilr when all of you apply for ilr. There is no 5 years residence for small children.
Thanks! Sorry for missing out this detail earlier.
If there is no visa extension after January 2018, then absence for dependents is irrelevant. Assuming you all got a 5 year visa initially then.
Correct, we got a five year visa in Feb-2018. No extensions or anything. We complete 5 years in Feb-2021. Thanks
Correcting a typo for future reference.
Correct, we got a five year visa in
Feb-2016. No extensions or anything. We complete 5 years in Feb-2021. Thanks