ILR-LR - Working Dependant

[qry]

Hi,

My husband has a Tier2-ICT-Long Term Leave to Remain visa. It was first issued in Nov 2010. He has lived in UK since then.

I am his dependant and I will be completing 10 years in UK in July 2021. Our son was born in UK in Aug 2015.

Our current Visa expires in Dec 2020. My husband is planning to apply for ILR under Long residency rule in Oct 2020 (28 days in advance) through a fast track service.

Assuming that he receives his ILR before our current visa ends, do I, as dependent have any option to apply for ILR ? Or do I have to go for a visa extension ?
Also what options for Citizenship/ILR/Visa extension would be available for our son, who would be 5 years old by then.

PS. We qualify the requirements for English language and continuous stay and other mandatory requirements for ILR application.

Any related information/suggestion would be much appreciated.

Thanks.

[CR001]

do I, as dependent have any option to apply for ILR ?

No you don't. Long residence ilr doesn't permit dependents to apply for ilr in the same application. Each person applying must apply individually and meet the requirements individually.

Or do I have to go for a visa extension ?

You only have the option of switching to FLR M spouse visa before your current visa expires. You must meet the English and financial requirements for this route.

Also what options for Citizenship/ILR/Visa extension would be available for our son, who would be 5 years old by then.

UK born child can be registered as British once either parent gets ILR. The child does not need a valid visa or ilr to apply for citizenship as they have an entitlement to register as British.

[qry]

Thank you CR001 for your response.

My concern here is the time line. My husband would apply for ILR around 15th Oct 2020 using fast track service. Our current visa is ending on 22nd Dec 2020.

I am assuming that I can make my FLR M spouse visa application only after my husbands ILR arrives. Given that we have around 2 months for this, we should be safe, but if his ILR doesn't arrive in time to make my application, what options would I have ?

I only need around 6 more months to be eligible for long residency ILR. I work in UK and so it won't be feasible to switch to tourist visa by applying from home country.

Please could you advise.

Thank you.

[qry]

Hello dear Moderators and Members,

Many thanks for the guidance you are providing in this forum. I would really appreciate your expert comments on my queries below:

My Case:
My husband is currently on a Tier2-ICT-Long Term Leave to Remain visa valid until 22/12/2020.
He will be applying for ILR (LR) around first week of November 2020.

My visa category is PBS Dependant Leave to remain valid until 22/12/2020. I am employed in UK.
I will be eligible to apply for ILR (LR) in June 2021.

My son born in UK in Aug 2015, is on PBS Dependant Leave to remain valid until 22/12/2020.

My Queries :

1. Can I apply for FLR-M while my husbands ILR-LR application is still being processed. If not what options do I have to live and continue with my current employment legally in UK.
2. Can I use B1 English language test for my application of FLR-M (instead of A2) and the same B1 results again next year for my ILR-LR application in June 2021.
3. My husbands current (Indian) passport is valid until 07/10/2020. Does he need to get a renewed passport before his ILR (LR) application in Nov 2020
4. We will be applying for my son’s British Citizenship directly when my husband receives his ILR. Do we have to apply for an appropriate Visa for him as well until my husbands visa is still being processed ?
5. My son’s current (Indian) passport is valid until 30/08/2020. Do we have to get his passport renewed before applying for his British citizenship ?

Thank you.

[CR001]

1. Can I apply for FLR-M while my husbands ILR-LR application is still being processed. If not what options do I have to live and continue with my current employment legally in UK.

You should ask your FLR(M) questions in the Immigration for Family sub forum please, link below. These questions are not relevant to the ILR sub forum. Yes you can apply while ILR LR is pending.

immigration-for-family-members/

2. Can I use B1 English language test for my application of FLR-M (instead of A2) and the same B1 results again next year for my ILR-LR application in June 2021.

Again, for the above link sub forum. Yes you can use B1.

3. My husbands current (Indian) passport is valid until 07/10/2020. Does he need to get a renewed passport before his ILR (LR) application in Nov 2020

Yes, he needs a valid passport to apply for ILR.

4. We will be applying for my son’s British Citizenship directly when my husband receives his ILR. Do we have to apply for an appropriate Visa for him as well until my husbands visa is still being processed ?

You should ask your British Citizenship questions in the British Citizenship sub forum please, link below. These questions are not relevant to the ILR sub forum. A UK born child does NOT need a valid visa to apply for citizenship.

british-citizenship/

5. My son’s current (Indian) passport is valid until 30/08/2020. Do we have to get his passport renewed before applying for his British citizenship ?

Again, for the above link sub forum. No, a UK born child does NOT need a valid passport.

[qry]

Apologies for posting my queries in incorrect forum.

CR001, Thank you very much for your response.