T2 Dependents - ILR main applicant

[iamgillu]

Hello!

I hope someone here would be able to guide me with the details I am looking for.

I have secured ILR through Tier2- General, 5 years route in September 2021.
My dependents (wife and son) are on T2 General - PBS dependant visa which will expire on Jan 2022. They are not eligible for ILR yet as they have not completed 5 years in the UK.

My wife will be eligible for ILR by mid of 2022.
My son was born in the UK before I have received ILR.

I am unsure on what visa category do I need to renew/extend my dependent's visa.
1. Is there a ILR dependent visa that I can apply for them? If so, Form name please.
2. Can I renew as PBS dependent, though I am on ILR ?

Any clarity on the way forward would be much appreciated.

Thanks

[CR001]

1. If your spouse switches to ILR dependent visa which is FLR(M), it resets her ILR clock to zero. She can extend her PBS Dependent visa.

https://apply-to-visit-or-stay-in-the-u ... 9448658fe7

2. Yes.

Note that your UK born child can be registered as British on form MN1 and does not need to extend a visa.

[iamgillu]

Thank you for clarifying.

If I register my child as British through MN1 and if the decision has not arrived before the expiry of the visa in 2022, wouldn't that cause a problem with his stay? Or would a pending application be treated as a valid reason for staying beyond expiry of the visa?

I have been advised by an immigration agent that usually the child's registration as British would be successful only if one of the parents hold British Citizenship, or both the parent have ILR or Citizenship. Would you know if that's true?

Thanks.

[CR001]

If I register my child as British through MN1 and if the decision has not arrived before the expiry of the visa in 2022, wouldn't that cause a problem with his stay?

No. A UK Born child has an entitlement to register as British once either parent gets ILR, i.e. cannot be refused and they do not need a valid visa to do so.

Or would a pending application be treated as a valid reason for staying beyond expiry of the visa?

Citizenship does not extend section 3C protection as it is not an immigration application.

I have been advised by an immigration agent that usually the child's registration as British would be successful only if one of the parents hold British Citizenship, or both the parent have ILR or Citizenship. Would you know if that's true?

They are talking absolute nonsense.

[vinny]

There is no “and” connective in Section 1(3)(a).

[iamgillu]

Thanks @vinny and @CR001

Just making sure I understood it correctly.

After I have initiated the application for the registration of child as British, even though the decision has not come before the expiry of his T2- dependant visa in Jan 2022 ( I hear the usual processing time is from 4 to 6 months), it is OK and I need not apply for an extension of visa. Correct?

The downside would be that, he won't be able to travel outside after Jan 2022, until his certificate of registration arrives and I am able to secure a British passport?

Thanks,
Roopak

[vinny]

Yes. Also consider getting adequate Health insurance for child.

[iamgillu]

Thanks! I shall consider taking a child insurance.

Regarding the PBS depeandant visa, I will have to provide the COS for this application, however my COS expires in Feb 2022 and I would not need COS, as I have ILR now.

In that case, do I need to have a new COS from my employer? Or I can provide the existing COS with Feb 2022 expiry?

[CR001]

You do NOT need a new CoS. Simply put the tier 2 sponsor and CS details where asked in the form.

[iamgillu]

Hi

A follow up question on PBS dependant visa extension. The minimum term for a PBS dependant visa renewal is 3 years? That would also mean the IHS has to be paid for 3 years. My spouse will be eligible for ILR in a few months from this extension application though. In that case the 2 years of IHS paid surcharge will go waste ?

Is there any option to request for a refund of IHS in this case? (or)
Is there an option to apply for a shorter term of extension for PBS Dependant visa?

Thanks

[vinny]

I think a partial IHS refund may be possible.

[iamgillu]

Thanks for all the help. I have received the BRP for my spouse, for the PBS dependent application that I have made. The type of permit says "DEPENDANT PARTNER LEAVE TO REMAIN". I guess this status does not reset the clock for ILR ?

Thanks,
Roopak