ILR Eligibility Date

Hello,

Hope some good soul is able to help me with this and thanks in advance.

I'm unclear about the continuous residence criteria for Tier 2 dependants (wife & kid) to apply for ILR.

I came to the UK as a Tier 2 Established staff (2011), which allowed me to switch to Tier 2 General in Jan 2018 (BRP valid until April 2023). I'm eligible to apply for ILR status now.

Since 2013, my wife & kid are with me in the UK (as Tier2 ICT dependants). At the time I switched to Tier 2 General, they continued to stay as my dependant (under Tier 2 ICT) until their current visa expired in Sept 2018. After which they applied for dependant visas as Tier 2 General dependants, and they were given the visas that were valid until my Tier 2 General end date (April 2023).

The question I have is; are they eligible to apply for ILR along with my application? In Jan 2023 they wouldn't have spent 5 years as Tier 2 General dependants. Only in Sept 2023, they would have completed 5 years on that visa- Don't know if this is a requirement for dependants though.
Would the time they've spent as a dependant all these years be considered for a five-year continuous residence (from Jan 2018) or should they have strictly spent 5 years as a Tier2 general dependant from the time it was issued to them?

I am unable to find a guidance note on this. Your help in this matter will be highly appreciated.

PS: On the dependant's visa, the 'Type of Permit' is mentioned as 'PBS Dependant Leave to Remain', rather than Tier 2 General / Tier 2 ICT.

Thank you,

Regards,
Karthik

There was no difference between the visa type of dependants under the PBS system. They were all the same visa type.
They are all eligible for ILR now. Note that children do NOT have a minimum qualification period for ILR. They settle when both parents settle.

Many thanks Zimba!!! That really clears up my confusion.

Question on Child settled status/registration:
I've read the MN1 form guidance; section 1(3) birth in the UK to parents who are now settled in the UK or have become British citizens.

But my kid was born outside the UK though.

So, in the same guidance under 'Registration at the Home Secretary’s discretion – Section 3(1) application', there are few sections and I think this one is closest that applies to us'Children with settlement and residence'. But the bottom line is the child should have had settled status for a min of 12months.

So is it imperative that the child apply for settled status first?

Thank you,

Regards,
Karthik

Your child need ILR first. Note that the term Settled Status is something granted to EU citizens and their family under the EU withdrawal agreement, ie a different route.

A child born abroad can apply for registration as a British citizen once either patent has citizenship or either patent is applying for citizenship at the same time and the other parent and rhe child has ILR.

There is also a separate sub forum for British citizenship questions. These questions are not relevant in the ILR sub forum.

Thank you CR001 and sorry to have brought up an irrelevant topic.

Thank you both Zimba & CR001 for supporting immigrants like me via this immigration forum. Greatly appreciate the time you folks spend to patiently listen to all the scenarios and provide the right direction

Thank you,

Regards,
Karthik

Hi,

It's me back with another question, which struck me while preparing the ILR (SetO) application.

I switched in country to Tier 2 General from Tier 2 ICT in Jan 2018.
A letter that came from the Home office along with the BRP card on 31st Jan 2018 states;
Permission is given for the employment detailed below:
Sponsor: xxxx
Address: cc
Working address: bb
Job Title: xxx
Salary: ££
Start Date: 2 April 2018
End of Leave: 15 April 2023

Now for the details on the BRP card:
Place and Date of Issue (on BRP): 31-01-2018
Valid until (on BRP) 15-04-2023

I joined this sponsor on the 5th of April 2018 and am still with them. Do I become eligible to apply for ILR through SetO application now in Jan 2023, or should I wait until the 17th of March 2023, which will be approximately 28 days before the end of validity mentioned in the BRP?

Thank you,

Regards,
Karthik

It is from the visa issue date. The date of arrival is irrelevant for PBS dependnats

zimba wrote: ↑

Fri Jan 27, 2023 9:41 am

It is from the visa issue date. The date of arrival is irrelevant for PBS dependnats

Thanks Zimba, I was asking about my situation as a primary applicant to ILR. Apologies, there are other earlier threads from me about PBS dependent, which could have caused a confusion.

Thank you,
Regards
Karthik

The date of arrival is still irrelevant

oh, thank you very much Zimba!