ILR - Tier 2 Dependant

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 8:23 am

Hi All,

In this mid of Feb, my husband will be qualified for applying ILR after holding Tier 2 visa for 5 years, and he will apply for me and our daughter as dependants at the same time. We've checked the regulations from UKBA website regarding eligibility for partners and we think I am eligible. But still want to make 100% sure before we submit the application.

I held different types of visa during the time I live in the UK, but I have lived with my husband since 2012. These are my visa type:

May 2011- Jan 2013 Tier 4 General
Apr 2013 - Apr 2015 Tier 5 YMS
Jan 2015 - Mar 2019 Tier 2 Dependant

As UKBA website mentioned:

"Your partner may qualify if all of the following apply:

1. They have permission to be in the UK as your partner
2. They’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012"

Since my husband and I have been living together more than 5 years so I think I am eligible. Am I correct?

Post by **CR001** » Wed Feb 06, 2019 8:51 am

You don't qualify for ILR. You must have 5 years residence on tier 2 dependent visa to qualify.

You cannot combine tier 5 and tier 5 main visa time to make up 5 years.

You will qualify for ILR in 2020.

Where was the child born and how long has the child been on a dependent visa?

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 9:06 am

CR001 wrote: ↑
Wed Feb 06, 2019 8:51 am
You don't qualify for ILR. You must have 5 years residence on tier 2 dependent visa to qualify.

You cannot combine tier 5 and tier 5 main visa time to make up 5 years.

You will qualify for ILR in 2020.

Where was the child born and how long has the child been on a dependent visa?

But UKBA website doesn't say I have to be as Tier 2 dependant for all these five years?

Our daughter was not born in the UK and received her Tier 2 dependant visa in July 2018.

Post by **CR001** » Wed Feb 06, 2019 9:20 am

sandydec26 wrote: ↑
Wed Feb 06, 2019 9:06 am
But UKBA website doesn't say I have to be as Tier 2 dependant for all these five years?

Well it does, you must have had permission as a partner (Tier 1 or Tier 2 Dependent, also known as PBS Dependent) as point 1 you posted clearly states. Immigration rules Part 8 is clear on the rules for ILR. You must have held a partner visa to qualify.

It also says that for dependent visas granted AFTER 9th July 2012. You did not have a partner visa at that time.

Note that Tier 4 and Tier 5 visas you held as main visa holder DO NOT count towards ILR based on 5 years residence anyway.

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 9:35 am

CR001 wrote: ↑
Wed Feb 06, 2019 9:20 am

sandydec26 wrote: ↑
Wed Feb 06, 2019 9:06 am
But UKBA website doesn't say I have to be as Tier 2 dependant for all these five years?
Well it does, you must have had permission as a partner (Tier 1 or Tier 2 Dependent, also known as PBS Dependent) as point 1 you posted clearly states. Immigration rules Part 8 is clear on the rules for ILR. You must have held a partner visa to qualify.

It also says that for dependent visas granted AFTER 9th July 2012. You did not have a partner visa at that time.

Note that Tier 4 and Tier 5 visas you held as main visa holder DO NOT count towards ILR based on 5 years residence anyway.

So for myself, I need to apply for an extension Tier 2 dependant, but my husband applies for ILR?

Post by **CR001** » Wed Feb 06, 2019 9:38 am

sandydec26 wrote: ↑
Wed Feb 06, 2019 9:35 am
So for myself, I need to apply for an extension Tier 2 dependant, but my husband applies for ILR?

Yes. You will get a 3 year extension. You need to pay £1,200 IHS fee plus the visa fee and you need 90 days maintenance funds for your extension. Your child will also need an extension and the child will qualify for ILR when you do.

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 9:44 am

CR001 wrote: ↑
Wed Feb 06, 2019 9:38 am

sandydec26 wrote: ↑
Wed Feb 06, 2019 9:35 am
So for myself, I need to apply for an extension Tier 2 dependant, but my husband applies for ILR?
Yes. You will get a 3 year extension. You need to pay £1,200 IHS fee plus the visa fee and you need 90 days maintenance funds for your extension. Your child will also need an extension and the child will qualify for ILR when you do.

Can I just extend for 1 year? and why can't my child apply for ILR with my husband?

Post by **CR001** » Wed Feb 06, 2019 9:53 am

sandydec26 wrote: ↑
Wed Feb 06, 2019 9:44 am
Can I just extend for 1 year? and why can't my child apply for ILR with my husband?

No you cannot. The Immigration Rules state that a 3 year extension will be granted to the PBS Dependent if the main PBS visa holder has obtained ILR or British citizenship.

The child follows the path as you, as the immigration rules clearly state, 319J(e) specifically.

https://www.gov.uk/guidance/immigration ... ly-members

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 10:16 am

CR001 wrote: ↑
Wed Feb 06, 2019 9:53 am

sandydec26 wrote: ↑
Wed Feb 06, 2019 9:44 am
Can I just extend for 1 year? and why can't my child apply for ILR with my husband?
No you cannot. The Immigration Rules state that a 3 year extension will be granted to the PBS Dependent if the main PBS visa holder has obtained ILR or British citizenship.

The child follows the path as you, as the immigration rules clearly state, 319J(e) specifically.

https://www.gov.uk/guidance/immigration ... ly-members

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

How about this: Since my husband received 2+3 Tier 2 visa, do you think we can apply for tier 2 extension altogether for 1 year first? and then we apply for ILR in Jan 2020?

Post by **CR001** » Wed Feb 06, 2019 10:18 am

You could to that if his sponsor is prepared to issue a UCoS and he meets all the standard requirements.

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 4:59 pm

CR001 wrote: ↑
Wed Feb 06, 2019 10:18 am
You could to that if his sponsor is prepared to issue a UCoS and he meets all the standard requirements.

Just want to make sure, if we extend our tier 2 visa successfully and we apply ILR in Jan 2020, what do my daughter and I get when my husband receives ILR? Do we get ILR as well? Or do we get ILR dependant? Sorry I don’t even sure if there’s such thing as ILR dependant.

Post by **CR001** » Wed Feb 06, 2019 5:19 pm

If you all extend your visa and all meet the ILR requirements, you all apply for ILR.

sandydec26 · Post by **sandydec26** » Wed Feb 06, 2019 5:38 pm

CR001 wrote: ↑
Wed Feb 06, 2019 5:19 pm
If you all extend your visa and all meet the ILR requirements, you all apply for ILR.

Thank you. Regarding Tier 2 extension, I remember there’s a guideline saying we can’t apply for extension 28 days before the expiry date of our current visa. But now I couldn’t find this regulation. Is this rule still valid?

And if the above regulation is still valid, I have another question:
My husband was granted Tier 2 visa on 05/03/2014 and his visa will be expired on 30/03/2019. If we apply for an extension (1 year) in mid of March this year, will our application be rejected because the total tier 2 period will exceed 6 years (as after adding another year, the expiry date will be like 15/03/2020)?

Post by **CR001** » Wed Feb 06, 2019 5:44 pm

You can apply at any time before visa expires provided he has a UCoS.

You/he won't be issued a visa for longer than a total of 6 years on tier 2, so likely an expiry of 4th or 5th March 2020. This is regardless of th cos if it is valid for 3 years for example. HO will adjust the visa duration to cap at 6 years.

sandydec26 · Post by **sandydec26** » Thu Feb 07, 2019 5:16 pm

CR001 wrote: ↑
Wed Feb 06, 2019 5:44 pm
You can apply at any time before visa expires provided he has a UCoS.

You/he won't be issued a visa for longer than a total of 6 years on tier 2, so likely an expiry of 4th or 5th March 2020. This is regardless of th cos if it is valid for 3 years for example. HO will adjust the visa duration to cap at 6 years.

My husband talked to his employer today, they asked him to apply ILR for himself and apply ILR dependant for me and our daughter. They thought the ILR regulations might be totally different next year because of brexit, so they asked my husband to get PR first. Or it’s possible we would get nothing one year after. My husband also told them if I get ILR dependant, my clock will back to zero and I have to wait another five year to get ILR, but his emplyor told him at least I could legally stay in the UK with ILR dependant visa.

Before my husband talked to them, we thought Tier2 extension is the safest and easiest way to do since we’ve done it before. Now I’m totally hopeless now. Can anyone tell me what’s the right way to do?

Post by **CR001** » Thu Feb 07, 2019 5:58 pm

Brexit has nothing to do with visa and ILR under the UK immigration law.

It affects eu citizens and their dependents.

He can apply for ILR and you apply for an extension nothing prevents this. There is no requirement to switch to ILR dependent once he has ILR.

sandydec26 · Post by **sandydec26** » Thu Feb 07, 2019 7:08 pm

CR001 wrote: ↑
Thu Feb 07, 2019 5:58 pm
Brexit has nothing to do with visa and ILR under the UK immigration law.

It affects eu citizens and their dependents.

He can apply for ILR and you apply for an extension nothing prevents this. There is no requirement to switch to ILR dependent once he has ILR.

I have another question about the ILR online application form. Before I posted this query, I thought I am eligible for ILR. So I’ve filled out the online form. My question is, when I filling in it, it only showed I am my husband’s dependant, but how does the caseworker know if I apply for ILR or ILR dependant? If he thinks I apply for ILR and obviously I am not eligible, is he just going to simply reject me and grant my husband ILR? Or he will grant me ILR dependant anyway?

Or I just made a mistake from the beginning? That if I am listed as my husband’s dependant in ILR online form, that means I am applying for ILR dependant anyway? Regardless I’m eligible or not, if I want to apply for ILR, my husband and I need to apply separately and I wouldn’t be listed as his dependant? Sorry I hope this makes sense.

Post by **CR001** » Thu Feb 07, 2019 7:18 pm

You made a mistake from the beginning.

If only your husband applies for ILR, you do NOT put your details in as you do not qualify for ILR. Your husband applies alone.

sandydec26 · Post by **sandydec26** » Thu Feb 07, 2019 7:33 pm

CR001 wrote: ↑
Thu Feb 07, 2019 7:18 pm
You made a mistake from the beginning.

If only your husband applies for ILR, you do NOT put your details in as you do not qualify for ILR. Your husband applies alone.

What if I want to apply for ILR dependant? Can I apply with my husband?

Post by **CR001** » Thu Feb 07, 2019 7:35 pm

Why would you want to do that?? Applying for ILR Dependent (there is no such visa category by the way, it is spouse settlement visa on form FLR(M)), it will reset your clock to zero and a new 5 year period (2 x 2.5 year visas) before you can apply for ILR.

You still DO NOT apply as a dependent on form SET O which is ONLY for ILR.

You can both apply together if you choose to complete your OWN form FLR(M) and meet the English and financial requirements, but if his ILR fails, your FLR(M) will also fail.

sandydec26 · Post by **sandydec26** » Thu Feb 07, 2019 8:02 pm

CR001 wrote: ↑
Thu Feb 07, 2019 7:35 pm
Why would you want to do that?? Applying for ILR Dependent (there is no such visa category by the way, it is spouse settlement visa on form FLR(M)), it will reset your clock to zero and a new 5 year period (2 x 2.5 year visas) before you can apply for ILR.

You still DO NOT apply as a dependent on form SET O which is ONLY for ILR.

You can both apply together if you choose to complete your OWN form FLR(M) and meet the English and financial requirements, but if his ILR fails, your FLR(M) will also fail.

Now I get it!!! That’s why you said the best way for me is to extend Tier 2 dependant. Thank you.

Okay so in theory I can apply Tier 2 dependant extension for our daughter and myself, and my husband apply for ILR at the same time by completing our own forms?

But when my husband is applying ILR, he no longer has Tier 2 visa. How can I extend my visa when I don’t have someone to depend?

Post by **CR001** » Thu Feb 07, 2019 8:25 pm

The rules allow a PBS Dependent to extend their visas for a further 3 years when the main PBS migrant holds ILR based on PBS route. See link below.

immigration-for-family-members/dependan ... 14832.html

sandydec26 · Post by **sandydec26** » Thu Feb 07, 2019 8:50 pm

CR001 wrote: ↑
Thu Feb 07, 2019 8:25 pm
The rules allow a PBS Dependent to extend their visas for a further 3 years when the main PBS migrant holds ILR based on PBS route. See link below.

immigration-for-family-members/dependan ... 14832.html

Thank you. I’ve read the regulations. But I couldn’t find “how” to extend the dependant visa. Can we really apply at the same time but just complete our own form? How do I apply for an extension when my husband is no longer Tier 2 holder.

Post by **CR001** » Thu Feb 07, 2019 8:55 pm

Your husband should apply and get ILR first, to keep your application simple.

You apply within the UK online per links below, before your visa expires.

https://www.gov.uk/tier-2-general/family-members

https://visas-immigration.service.gov.u ... nt-partner

https://visas-immigration.service.gov.u ... dant-child

sandydec26 · Post by **sandydec26** » Thu Feb 07, 2019 9:06 pm

CR001 wrote: ↑
Thu Feb 07, 2019 8:55 pm
Your husband should apply and get ILR first, to keep your application simple.

You apply within the UK online per links below, before your visa expires.

https://www.gov.uk/tier-2-general/family-members

https://visas-immigration.service.gov.u ... nt-partner

https://visas-immigration.service.gov.u ... dant-child

Thank you for supplying the links to me. Our visa will be all expired on 30/03/2019. If my husband apply ILR first, I don’t think he will get ILR before 30/03/2019. What should I do? Should I not to wait for my husband’s result and just apply for my daughter and myself after my husband submits his application?

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