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Tier 2 to ILR with child and spouse question

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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anyu686
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Posts: 6
Joined: Wed Mar 04, 2020 10:15 pm
China

Tier 2 to ILR with child and spouse question

Post by anyu686 » Wed Mar 04, 2020 10:30 pm

Hi All:
I am looking for some advice about my ILR application, below is my situation:
    Myself: Tier 2 visa from Jan/2015-Feb/2018, Feb/2018-Jan/2021 (extension), Apr/2019-Jan/2021 (same employer, change job tile and position)
      My wife: Tier 4 visa Sep/2014-Nov/2015, Tier 2 dependent Nov/2015-Feb/2018, Tier 2 dependent extension Feb/2018-Jan/2021 . We lived together since 2014, got married in UK Sep/2015.
        My daughter: Born in UK Sep/2019, no visa as she did not leave UK since birth. She has Chinese passport.

        Question:
          : I believe there is no problem for myself to apply IRL since i am 5 years with Tier 2, can my wife apply with me? She has less than 5 years tier 2, but we lived together more than 5 years.
            If she can't, she will be eligible to apply in Nov 2020(for 5 years of tier 2 dependent) ? She has some holiday outside uk for last 5 years, but less than 180 days, it should be ok?
              : I can submit my daughter's ILR with mine? (we will not apply British passport for her, as China not allow dual nationality) .

              Many thanks for it!!

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              zimba
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              Joined: Mon Aug 11, 2014 6:13 pm
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              Re: Tier 2 to ILR with child and spouse question

              Post by zimba » Thu Mar 05, 2020 12:47 am

              I believe there is no problem for myself to apply IRL since i am 5 years with Tier 2, can my wife apply with me? She has less than 5 years tier 2, but we lived together more than 5 years.
              No. It's NOT about the period you lived together. She needs 5 years under PBS dependant route for ILR
              If she can't, she will be eligible to apply in Nov 2020(for 5 years of tier 2 dependent) ? She has some holiday outside uk for last 5 years, but less than 180 days, it should be ok?
              Yes
              I can submit my daughter's ILR with mine? (we will not apply British passport for her, as China not allow dual nationality) .
              This only may be possible as the rules are a bit fuzzy on this. You can include your UK born child with your ILR application and see if they grant her ILR. We had a discussion on this a year ago: indefinite-leave-to-remain/pbs-dependan ... 77598.html
              A safer option is to wait and apply for her ILR with your wife in November
              Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

              anyu686
              Newly Registered
              Posts: 6
              Joined: Wed Mar 04, 2020 10:15 pm
              China

              Re: Tier 2 to ILR with child and spouse question

              Post by anyu686 » Fri Mar 06, 2020 9:42 am

              Thank you so much for your reply, i have another question, i am required to submit a doc "Declaration signed by XX to confirm consent for the Home Office to request verification checks"

              Am i right it is the part one of https://visas-immigration.service.gov.u ... onsent.pdf ?

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              zimba
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              Location: UK
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              Re: Tier 2 to ILR with child and spouse question

              Post by zimba » Fri Mar 06, 2020 11:23 am

              anyu686 wrote:
              Fri Mar 06, 2020 9:42 am
              Thank you so much for your reply, i have another question, i am required to submit a doc "Declaration signed by XX to confirm consent for the Home Office to request verification checks"

              Am i right it is the part one of https://visas-immigration.service.gov.u ... onsent.pdf ?
              Yes. If you apply on your own, only part one needs to be signed
              Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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