5yr Tier 2 Gen visa expiry concern

[markust]

Hello there,

I've had my Tier 2 general visa as a 1 month only visa in Nov 2015 and then travelled to the UK in Dec 2015 before it expired, and collected my BRP which had the full 5 year validity till Dec 10 2020.

I have two concerns that I seek your help with:
When I apply for ILR in Nov (I believe the 12 NOV 2020 will be 28 days before 10 DEC 2020), in the standard category, it might take more than 28 days for my request to be processed.
1. Would I need to apply for an extension before I submit the ILR so that I have a valid visa before my ILR is processed?
2. I got married in Oct 2016 and I have my partner here as a dependant. She won't be eligible for ILR in Dec 2020 as she won't be finishing her 5 yr stay and also she was outside UK for 8 months in between for personal reasons. We knew beforehand about it, so she won't be applying for her ILR. We were also blessed with a baby who's BRP expires on same date as mine 10 DEC 2020.
How do we get them to stay here with me? Will I have to apply for an extension to their stay (probably)? Will I have to do that before my ILR request is submitted as it might take more than 10 DEC 2020 to get a decision?

Thanks for reading this. Hope you are all safe in these covid times.

Regards
Markust

[CR001]

When I apply for ILR in Nov (I believe the 12 NOV 2020 will be 28 days before 10 DEC 2020), in the standard category, it might take more than 28 days for my request to be processed.

Your ILR qualifying period starts from the initial visa ISSUE date and not the date you entered the UK.

1. Would I need to apply for an extension before I submit the ILR so that I have a valid visa before my ILR is processed?

No. What exact date was your initial visa issued and what date does it expire?

2. I got married in Oct 2016 and I have my partner here as a dependant. She won't be eligible for ILR in Dec 2020 as she won't be finishing her 5 yr stay and also she was outside UK for 8 months in between for personal reasons. We knew beforehand about it, so she won't be applying for her ILR. We were also blessed with a baby who's BRP expires on same date as mine 10 DEC 2020.
How do we get them to stay here with me? Will I have to apply for an extension to their stay (probably)? Will I have to do that before my ILR request is submitted as it might take more than 10 DEC 2020 to get a decision?

There is no absence limit for dependents who hold a current visa that was issued BEFORE 11th January 2018. You would need to apply for a 3 year tier 2 dependent visa before their current visas expire.

Was the child born abroad or in the UK??

[markust]

Thanks @CR001 for the quick reply!

No. What exact date was your initial visa issued and what date does it expire?

Initial visa was from 09 NOV 2015 to 09 DEC 2015. I think the process then was to give only a month's visa and then ask us to collect our BRP which had the 5 yr validity. I've entered UK on 01 DEC 2015 and BRP says valid until 10 DEC 2020.
So it expires on 10 DEC 2020. Per your comment, I'd be eligible to apply on 12 OCT 2020 (28 days before 09 NOV) and if my ILR hasn't got a decision till 11 DEC 2020, then my concern is that I might be here without a valid visa.

There is no absence limit for dependents who hold a current visa that was issued BEFORE 11th January 2018. You would need to apply for a 3 year tier 2 dependent visa before their current visas expire.

Oh that's such a great news! I thought that before 11 Jan 2018, it was not consecutive 12 month period but assumed the 180 day restriction was applicable for partners too! My wife was out of UK for 8 months in a calendar year so she'll be happy to hear this. Thanks so much!

Was the child born abroad or in the UK??

The child was born in the UK and I'm planning to apply for their citizenship when I get my ILR
Thanks again!

[CR001]

and if my ILR hasn't got a decision till 11 DEC 2020, then my concern is that I might be here without a valid visa.

Making an in time application before visa expiry means if your visa expires, your existing tier 2 visa conditions continue and you are protected by section 3C of the immigration rules.

UK born child does NOT need a visa or ilr and can apply to be registered as British on form MN1 as soon as you have ilr and your new ilr brp card.

[markust]

Thanks so much for your time and response @CR001!

[markust]

Hello there,
Hope you are doing well!

I've been going through a lot of posts and the sticky ones and got a bit confused. I'd be grateful if someone can help me with a few of my follow-up questions.

(Giving a bit of context again)
I've recently applied for my ILR following 5 yrs stay on a Tier 2 General visa which was issued on Points Based System. I am awaiting my biometrics and so some time away from the actual decision. I got my Tier 2 General visa in Nov 2015 and valid till 10 Dec 2020.
I'm married and my wife came to UK in Sep 2016, and her visa is valid till 10 Dec 2020 too. She would not be finishing her 5-year stay with the current visa, so she needs to apply for an extension.

My first set of questions is:
If my ILR decision isn't received by 10 Dec, would she need to apply as Tier 2 PBS dependent?
If I do receive a positive ILR decision by 10 Dec, would she need to apply as Tier 2 PBS dependent or FLR(M)? -> Would I need my BRP as well, or is just a decision letter enough for this?
Can I wait till the last day, say 9th of Dec, before I apply (to give as much time as possible for my ILR decision)?
Would she need to do an A2 level english test for this extension? I believe not, but I've seen some comments on other topics and a bit confused.

I also have a daughter who's born here, but we had to get her a visa as we had to go out of the country once before, and her visa expires on 10 Dec 2020 too.
This brings me to my next set:
I'm guessing she might have to apply as Tier 2 PBS dependent if my ILR decision doesn't come by 10 Dec?
Can I wait till the last day, 9th of Dec, before I apply?

Thanks again!

[srsw]

My first set of questions is:
1. If my ILR decision isn't received by 10 Dec, would she need to apply as Tier 2 PBS dependent?
2. If I do receive a positive ILR decision by 10 Dec, would she need to apply as Tier 2 PBS dependent or FLR(M)? ->
3. Would I need my BRP as well, or is just a decision letter enough for this?
4. Can I wait till the last day, say 9th of Dec, before I apply (to give as much time as possible for my ILR decision)?
5.Would she need to do an A2 level english test for this extension? I believe not, but I've seen some comments on other topics and a bit confused.

I also have a daughter who's born here, but we had to get her a visa as we had to go out of the country once before, and her visa expires on 10 Dec 2020 too.
This brings me to my next set:
6. I'm guessing she might have to apply as Tier 2 PBS dependent if my ILR decision doesn't come by 10 Dec?
Can I wait till the last day, 9th of Dec, before I apply?

Thanks again!

1. Yes
2. Tier 2 PBS dependent
3. If her visa is about to expire then do apply with decision letter. Make sure to mention your UKVI reference number and add a covering letter saying you are waiting for BRP.
4. Yes, just make sure you have absolutely everything ready and no surprises on 9th or 10th Dec to miss the deadline.
5. No
6. You can wait until your decision and then apply for MN1 to register her as British citizen once you get your ILR approved.

p.s. Always number your questions so it's easy for us to answer

[markust]

Thank you so much @srsw. I'll number my questions next time too

So just to confirm:
Even if my daughter's BRP expires on the 10 Dec, I can still wait until my decision and apply for her citizentship because she was born here.

Thanks.

[CULLINAN]

Thank you so much @srsw. I'll number my questions next time too

So just to confirm:
Even if my daughter's BRP expires on the 10 Dec, I can still wait until my decision and apply for her citizentship because she was born here.

Thanks.

Yes

[markust]

Thanks so much for the response CULLINAN. Cheers!