ILR Dependent - Query

Dear All,

Apologies if the topic is repeated. It would be great if someone could pitch in for advise.


My Current Visa Category : Tier 1(General) - valid till September 2015 in (2+3 year scheme)
Spouse - PBS Dependent visa issue date : Jan 2013 (In UK but previously on T1 (PSW) & T4)
Children - PBS Dependent visa issue date : May 2013

ILR Due Date : September 2015

Reference to 9th July 2012 rule :
http://www.ukba.homeoffice.gov.uk/sitec ... family-mig
http://www.ukba.homeoffice.gov.uk/sitec ... 65-fam-set

Query :
1. Can I apply for ILR for my wife given the rules have changed for 9th July 2012 and her visa was issued in Jan 2013 ?
If not then in what category could I apply her visa given my settlement decision would be concurrently apply ?

2. Can I apply for ILR for my kid ? As he is minor would his case be different considering rule change on 9th july 2012 ?

Thanks in Advance for your kind responses.

Cheers.

1. No, if she didn't apply to be your dependant prior to 9th July 2012. She may continue as a PBS dependant.

2. Child's leave should be in line with mother's.

Dear Vinny,

Thanks for your response.

So I should apply for PBS dependent extension when I apply for my ILR ?
But when I get ILR then I would be switching from PBS - Tier 1(General) visa to ILR. So I doubt If I could apply for PBS dependent visa when I have ILR ?

whats your say on above point ?

vinny wrote:1. No, if she didn't apply to be your dependant prior to 9th July 2012. She may continue as a PBS dependant.

2. Child's leave should be in line with mother's.

Please click on any given links for further information. Links are in blue colour and underlined.

Vinny,

Many thanks for your prompt response. The links which you provided answers my questions. Glad to have such forum

Cheers..

vinny wrote:

vinny wrote:1. No, if she didn't apply to be your dependant prior to 9th July 2012. She may continue as a PBS dependant.

2. Child's leave should be in line with mother's.

Please click on any given links for further information. Links are in blue colour and underlined.

Hi Vinny / all other admins,

Though this is after very long time but I would like to continue on this thread as it is the same case and there is some updation on gov.uk website and hence want to clarify

I checked recently - there is a new line added in ILR eligibility of child :
"You and your child’s other parent must both be in the UK legally, OR currently applying to enter, remain or settle, for the child to be allowed to settle."

I am 100% sure that this line wasn't there before 6th april 2015. So does this signify that I can now apply ILR for my child and PBS dependent for my wife ?

P.S : I dont mind opening a new thread for this but want to avoid unnecessary duplication and am sure its inline with your policy

Many Thanks.

vinny wrote:2. Child's leave should be in line with mother's.

No. Child's ILR is subject to 319J, in particular, 319J(e). Child is not eligible for ILR before mother is.