ILR Eligibility

[sabikhi]

Hi Admin,

I am bit confused on my ILR eligibity and wanted some clarifications.

History:-
We moved to UK in December 2014 under Tier 2 ICT Visa with me being the main visa holder and my wife and son being dependent.
Then in June 2016, My wife switched her visa to Tier 2 General.
Me and my son moved to Tier 2 general dependent category in Feb'2017
Our second child was born in the UK in Nov' 2018.

From my research, I am aware that:-
My wife will be eligible for ILR in June 2021 [ 5 year rule]
My second child(born in YK) can naturalize to british citizen ship as soon as my wife gets ILR i.e. June 2021.

Question:-
1. Will we (myself and our elder child) be eligible for ILR along with her or we will have to apply for another dependent visa for until 5 years are completed i.e. Feb'2022?
2. Subsequently, when will we three be eligible for british citizen ship?

thanks in advance,
Rohit

[CR001]

1. No you can't apply for ilr at the same time. You and the child born abroad will qualify only in 2022. You need 5 years residence as a tier 2 dependent before you can apply for ilr. You will need an extension, which is a 3 year extension.

2. Once you have held ilr for 12 months if your spouse is not British.

[sabikhi]

On extension:- Is it mandatory to apply for a minum 3 year period for extension? The reason for asking is the NHS costs which are calculated on a per year basis.

[CR001]

On extension:- Is it mandatory to apply for a minum 3 year period for extension? The reason for asking is the NHS costs which are calculated on a per year basis.

The length of extension is dictated by the immigration rules, which state the dependent will get a 3 year extension if the main PBS visa holder has ilr. You cannot choose a shorter extension time.