ILR for Spouse ( Tier 2 General )

Recently I got my ILR on Tier 2 General 5 Year Route. I need a clarification related to my spouse ILR .

My spouse has short of 2 months Tier 2 dependent Visa to qualify ILR , In details my spouse will be qualifying ( 5 year -28 days ) on 20th October 2022 , where as my spouse got Tier 2 General dependent visa valid till 19th of August 2022. In this scenario what is the best option rather applying Tier 2 General dependent extension which is minimum 3 year route .
Please suggest .

Make an extension application for your spouse on 18 August and a biometric appointment for 45 working days after this date. Vary the application to ILR on 20 October.

Thanks for the reply.

In continuation , one more query , related to ILR for Children ( Tier 2 General Dependent children ) .

Can the children apply up on eligibility ( 5 years -28 days ) and Main applicant ( parent ) getting the ILR ? .

Or
Is there any mandate that both the parents need to have ILR before children can apply?

Can the children apply up on eligibility ( 5 years -28 days ) and Main applicant ( parent ) getting the ILR ? .

No.

Is there any mandate that both the parents need to have ILR before children can apply?

Yes. They can apply when the other parent applies for ILR.

manci wrote: ↑

Wed Aug 03, 2022 9:00 pm

Make an extension application for your spouse on 18 August and a biometric appointment for 45 working days after this date. Vary the application to ILR on 20 October.

This is a brilliant suggestion that could be very useful to me and at least one of my colleagues in the near future. Do you personally know anyone for whom this has worked? I'm mainly concerned about the switching of T2 extension to ILR after the application has been submitted and a biometric appointment booked? How is the difference in fees handled?

AnjaneyaM wrote: ↑

Thu Aug 04, 2022 8:28 am

Thanks for the reply.

In continuation , one more query , related to ILR for Children ( Tier 2 General Dependent children ) .

Can the children apply up on eligibility ( 5 years -28 days ) and Main applicant ( parent ) getting the ILR ? .

Or
Is there any mandate that both the parents need to have ILR before children can apply?

Could you please post updates on your progress and whether the suggestion from manci worked (assuming that's what you did)?

Actually, after looking through more resources, I don't think one needs to apply for extension first and then vary the application. Instead, one can directly apply for ILR but carefully select the biometric appointment date as suggested by manci, for the following reason.

The gov.uk guidance to the immigration case officer says:

You must count backwards from whichever of the following is most beneficial to the applicant to see whether they meet the qualifying period:

the date of application
any date up to 28 days after the date of application
the date of decision
for a person seeking settlement on the UK Ancestry route, the date of their last grant of permission

So, regardless of when the ILR application was submitted online, as long as the biometrics is taken after the 5 years qualifying period is completed, this will ensure that the date of decision is definitely after the qualifying period. As that is the most beneficial to the applicant, that is what will be considered.

Please correct me if I'm wrong!

Correct: indefinite-leave-to-remain/dependent-el ... l#p2072912