ILR for dependents

Hi All,

I am in UK on Tier 1 General visa (point based system) since August 2010. I seek advice on my ILR application for my wife and kids.

My wife and kids (13 years and 6 years) got a Tier 1 dependent visa on 11-Dec-2012 (valid till Nov-2015) and they came to UK on 24-June-2013. I guess the rules regarding ILR has recently being changed and according to the new rules, my wife and kids need to spend 5 years in UK before they can apply for their ILR. I have following questions regarding their ILR application.

1. Since they have not yet completed 5 years in UK, I need to extend their point based dependent visa along with my ILR application. Which application form I should fill in for my wife and kids?
2. Is the 5 years rule applicable for Kids as well?
3. Once I get my ILR this year, if I decide to apply for UK citizenship, do I need to change visa of my wife and kids?
4. Will it be advisable to wait for my citizenship till my kids and wife complete 5 years in UK?

Thanking you in advance for help.
Regards.

DSA2 wrote:Hi All,

I am in UK on Tier 1 General visa (point based system) since August 2010. I seek advice on my ILR application for my wife and kids.

My wife and kids (13 years and 6 years) got a Tier 1 dependent visa on 11-Dec-2012 (valid till Nov-2015) and they came to UK on 24-June-2013. I guess the rules regarding ILR has recently being changed and according to the new rules, my wife and kids need to spend 5 years in UK before they can apply for their ILR. I have following questions regarding their ILR application.

1. Since they have not yet completed 5 years in UK, I need to extend their point based dependent visa along with my ILR application. Which application form I should fill in for my wife and kids?
2. Is the 5 years rule applicable for Kids as well?
3. Once I get my ILR this year, if I decide to apply for UK citizenship, do I need to change visa of my wife and kids?
4. Will it be advisable to wait for my citizenship till my kids and wife complete 5 years in UK?

Thanking you in advance for help.
Regards.

your family will stay in PBS dependant category until they complete 5 years, under paragraph 319 of the rules.
they do not need to change or aply in any other category. you can apply for citizenship, it will not affect their status.

in fact, if you become a citizen by the time your family gets ILR, your wife and accordingly kid if they will still be under 18, will be able to apply for citizenship immediately after they get ILR, if you get BC by then (your wife will then be a plying as a person married to a BC and does not require to have ILR for one year).

in terms of extension of their PBS dependant status, you dont need to apply for them at the same time as you go for ILR, if theior PBS dependant status wil be still valid. They can apply to extend after you already got your ILR.

Hi Sagareva,

Thanks for your immediate reply, much appreciated.

Can I Apply for extension of dependent along with my ILR, is so which form I should fill in? Is there any advantage I apply for their extension after I get ILR?

I thought my kids (age 13 and 6) can get ILR along with me as kids under 18 do not have that 5 year eligibility, is that correct?

I was going through one of the forums which states that Tier 1 extensions will be closed after 6th April 2015, will that affect extension of my dependent in July when I apply for my ILR?

Thanks again for your quick reply.

I came to UK on 09th August 2010 in Tier 1 General Visa.

My wife and kids (13 years and 6 years) joined me in UK on dependent visa on 28th June 2013. Their dependent visa was stamped on 11th Dec 2012 valid till 16th Nov 2015.

I guess as per new rules, my dependents need to spend 5 years as well to get their ILR, hence I will need to extend their Tier 1 dependent visa after I get ILR.

My wife intends to go back to India in couple of months as she is not able to find a job suitable to her profile however I intend to continue here with my kids. Both of my kids goes to the school here and I would like them to continue their schooling in UK. Under such scenario, will there be any additional documentation required for my kids Tier 1 dependent visa extension?

If your wife is not applying with the children, then you will have to show sole responsibility or that the children's exclusion would be undesirable.

Moreover, your wife would have to start afresh if her leave expires and she wants to return to the UK.