Need Urgent Help!!

[cheetah]

Any senior member please look into this.

I am in the UK since February 2005 (student + PSW + Tier 2). My wife is my dependent since April 2006 . I have two some sons (one was born in UK in 2014 and have no immigration status. The other was born overseas in 2009 but have been living in the UK as a dependent of Tier 2 since his birth).

I was on Tier 2 for 5 years but since my salary was below the revised SOC codes, I applied for ILR based on 10 years. I have recently been granted ILR. Now I am wondering what should I do for my wife and first child. Their Tier 2 dependent visa expires in September 2016. I intend to register my second child directly as British Citizen. My questions are:

1) Can my wife and son continue with the Tier 2 dependent visa and my wife applies for her ILR based on 10 years in March 2016?

2) If the above option is not possible, then do I need to switch them using FLR (M)? If so, the previous time as a dependent would be counted towards settlement or would the clock restart? Would she get the visa under 2 years or 5 years category?

3) If it is the option 2 above, my first son will be included in the application. If the clock restarts for my wife, she will apply ILR based on 10 years in March 2016, then should I apply for ILR for my first son, or directly register him as a citizen because by that time I will be eligible to apply Citizenship as well. If I need to apply for ILR for him as a first step, what forms would I be using? I think it is SET(F). but the form says "if your last grant of leave was not issued under paragraph 281, 284, 295A, or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form". What does this mean?

I will appreciate your help with the above questions.

Thanks

[sushildelhi]

I think dependent can remain on existing visa until they complete 10 years after main applicant ilr - I tried to get something in support of this view but no success. I think if you write to ukba and get a response to support this understsnding- that might be best approach. Previously some years back when I phone to ukba their generic answer was a dependant should reflect main applicant visa as soon as possible - in my view no where it has been made clear in guidance and therefore a bit risky.

[cheetah]

Can an expert (moderator) please reply to my post?

[cheetah]

Can a moderator please reply to me urgently?

[Amber]

1. Yes insofar as the leave is not curtailed, travelling wouldn't be a good idea.

2. No you can't, it shall 'reset the clock'. Born abroad child should be settled.

[cheetah]

Thansk Amber.

1) Would there be any risk if she stays on Tier 2 dependent when I am not on Tier 2 anymore? If her leave is curtailed, would there be any negative impact when she applies for ILR in March next year>

2) Whar form should I use of rmy son's applicaiton? Is it SET (F)? The form says "if your last grant of leave was not issued under paragraph 281, 284, 295A, or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form". What does this mean?

Thansk.

[Amber]

Yes SET(F) once both parents are settled. Curtailed would give time to make a new application such as FLR(M).

[cheetah]

Thanks again Amber. This was helpful.

I did some research and found the following FOI request:

https://www.whatdotheyknow.com/request/ ... ing-582536

The Home office said that "---- There is no set time limit in which a dependant partner would have to make their application to ‘switch’. Failure to apply would not be considered as a breach of the Rules, as he or she would still have extant leave, and we would not be looking to curtail that leave unless we were made aware that the relationship had ended...."

Since not "switching" in not a breach of condition and leave will not be curtailed, doesn't it mean that travelling should not be a problem? What are your thoughts on this?

Thanks.

[vinny]

1. Yes insofar as the leave is not curtailed, travelling wouldn't be a good idea.

I agree.

[cheetah]

I do not get this. If it is not a breach of condition and current leave is extant, then why travelling could cause a problem. Am I missing something over here? Can you clarify please?

[vinny]

I agree.

Please click on any given links for further information.

[cheetah]

Thanks.

If my dependents (my wife and son) stays on Tier 2 dependent and then she aplies for ILR based on 10 years before the expiry for her visa (August 2016) ans my son applies immedialtely after she gets it, would there be any issue raised by the HO that they were holding a visa which they were not entilted to? Or there should not be any problem?

[cheetah]

Can Vinny/Amber or other senior members please reply?

[cheetah]

Amber / Vinny or any other experienced member please reply......