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Spouse ILR and child extension

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ashoka
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Joined: Sat Jul 20, 2019 7:36 pm
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Spouse ILR and child extension

Post by ashoka » Sat Jul 20, 2019 9:07 pm

Dear admin/group members:
Please kindly help me with my and my child's ILR eligbility question.

My wife (nationality Indian) has ILR granted in march 2019 (Tier 2 migrant 5 year route). I got my first Tier 2 dependent visa in september 2014, but i did not live in the UK (working in germany on a residence permit) until march 2016. My recent visa is from january 2017 till october 2019.

Am i eligible to apply for ILR, as my first visa is from 2014 ?
Although the revised rule states that continuous stay rule applies only after january 2018, since i did not live in the UK during 2014 to 2016 does it affect my application?

We have two children under 18 years - son is british citizen (Born in UK and registered via MN1), daughter (born in India) is Indian national currently on a Tier 2 PBS dependent child. Given this scenario that my wife is ILR, can i apply for ILR to my daughter along with me? does my daughter need ILR for citizenship ? Or should i extension of my daughter as FLR (M)?
Please kindly advice the best option available for us, thanking you in advance.

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seagul
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Re: Spouse ILR and child extension

Post by seagul » Sun Jul 21, 2019 3:14 am

ashoka wrote:
Sat Jul 20, 2019 9:07 pm
Dear admin/group members:
Please kindly help me with my and my child's ILR eligbility question.

My wife (nationality Indian) has ILR granted in march 2019 (Tier 2 migrant 5 year route). I got my first Tier 2 dependent visa in september 2014, but i did not live in the UK (working in germany on a residence permit) until march 2016. My recent visa is from january 2017 till october 2019.

Am i eligible to apply for ILR, as my first visa is from 2014 ?
Although the revised rule states that continuous stay rule applies only after january 2018, since i did not live in the UK during 2014 to 2016 does it affect my application?
You certainly won't be eligible for ILR despite the absence threshold was introduced in Jan 2018 because your absence is unnecessarily longer due to staying longer in Germany than in UK.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ashoka
Newly Registered
Posts: 3
Joined: Sat Jul 20, 2019 7:36 pm
India

Re: Spouse ILR and child extension

Post by ashoka » Sun Jul 21, 2019 9:29 am

Many thanks Seagul, for your prompt response.

I read on this forum and on UK visa guidelines, that clock of my five year continuous period will set back to zero if i switch from my current tier 2 dependent visa to tier 1 visa. But before this, I had started my visa application for Tier 1 exceptional talent (under exceptional promise category) and got the endorsement stage 1. I have filled the online application and have not yet given the biometrics.

So, can i withdraw my tier 1 visa application (IHS paid fully for 3 years) ?
How long does the withdrawal of tier 1 second stage take ?

My current tier 2 dependent visa expires in october 2019. I need to apply for an extension of visa. My wife has ILR from march 2019. Which category of visa is beneficial and fast, cost effective for my case? I need around 1.5 years of stay to be eligible for ILR with continuous stay without breaks.

Does the current tier 1 withdrawal affect my application of visa extensions and ILR in future?

Many thanks in advance.
Ashok

ashoka
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Posts: 3
Joined: Sat Jul 20, 2019 7:36 pm
India

Re: Spouse ILR and child extension

Post by ashoka » Sun Jul 21, 2019 9:35 am

Sorry, i missed to mention the route of ILR of my wife (tier 2 migrant working for 5 years)

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