ILR

[sirishiv]

Hi,

I have completed 10 years and planning to apply ILR under long residence. However I have two dependants spouse and kid, my spouse came to UK in 2014 August and my child born in India in 2017. I understand that if I apply ILR under long residence ,my spouse and kid also need to stay for 10 years and they don't get ILR until they complete 10 years. It means I will need to change my spouse and kid to FLR. Is my understanding correct ?

I have completed tier 2 ICT for 7 years and 3 years under tier 2 general. If I don't apply ILR under long residence route, I will get my ILR for me and my dependants in 2023 as I complete 5 years under tier 2 general. Please advise what is the best option for me ?

Thank you

[jafferdeen]

If you choose 10 years route then after your ILR your spouse and child will need to switch spouse visa route which is 5 years route to qualify for ILR. But your spouse will have an option to apply in on the basis of 10 years in 2024 which mean you will need to pay fee twice for spouse visa and settlement .

If you go on the basis of Tier 2 ,I believe all of you will be eligible for ILR same time .

[sirishiv]

If you choose 10 years route then after your ILR your spouse and child will need to switch spouse visa route which is 5 years route to qualify for ILR. But your spouse will have an option to apply in on the basis of 10 years in 2024 which mean you will need to pay fee twice for spouse visa and settlement .

If you go on the basis of Tier 2 ,I believe all of you will be eligible for ILR same time .

Thank you. Are you saying that Spouse and child need to switch to new VISA and wait for another 5 years to be eligible for ILR or can they continue on Tier 2 general dependant visa (once I get an ILR under 10 years route) and apply under 5 years route which is in Aug 2023?

[CR001]

They have to switch to FLR M visa and wait 5 years if you apply for ilr based on 10 years long residence. They are not able to continue or apply for ilr as tier 2 dependents.

They can only apply for ilr as a tier 2 dependent if you apply for ilr based on 5 years tier 2.

If your spouse reaches 10 years long residence before the end of the 5 years and meets all the requirements, she can of course apply for ilr based on long residence.

[sirishiv]

They have to switch to FLR M visa and wait 5 years if you apply for ilr based on 10 years long residence. They are not able to continue or apply for ilr as tier 2 dependents.

They can only apply for ilr as a tier 2 dependent if you apply for ilr based on 5 years tier 2.

If your spouse reaches 10 years long residence before the end of the 5 years and meets all the requirements, she can of course apply for ilr based on long residence.

Thank you. I understand about spouse here. What about the child who born in India in 2017 , Does he need to spend 10 years as well or his status changes once I get British passport? If my child follows mother, it means he can apply ILR after my spouse got ILR in 2024 (10 years long residence route).

[CR001]

Child can apply for ilr in form SET F once mother gets ILR