Main applicant eligible for ILR

Hi,

I am now eligible to apply for ILR based on 5-year Tier 2 work visa (my Tier 2 visa expires in Jan 2021). My dependants' (Mrs and 2 UK born children) visas expire on 14th June 2020 (their visas are based on my previous employment and hence different expiry dates). My intention was to get ILR (super priority) before their visa expiry and apply for children's British citizenship along with Mrs' ILR in June (when she becomes eligible). In the current situation, priority services are suspended and standard service may take up to 6 months or more. This is giving rise to a few uncertainties.

I would appreciate your response on the following questions:

1. Will my dependants require a visa extension (instead of British citizenship for kids and ILR for Mrs) because I haven’t received ILR yet even though I am eligible now? Extension would now cost around £5,000 which would be a waste in the given scenario.
2. Can I apply for children's British citizenship only based on my standard ILR application reference number rather than a granted visa? And can my wife apply for ILR based on my application reference number as well?

There are a couple of additional issues with my Mrs' visa:

Her Tier 2 dependant application was made on 30/06/2015 with leave granted 24/07/2015, this expires on 14/06/2020. She has a continuous absence from the UK for 1-year hospital work: 24/02/2016 to 04/04/2017

3. Will the continuous absence in From Feb 2016 to Apr 2017 break the 5-year continuity required for ILR? Or will this rule apply in her favour which disregards dependant absences before Jan 2018 : (page 10 last paragraph of guidance: https://assets.publishing.service.gov.u ... -v20.0.pdf)

4. If we disregard the above 13-month continuous absence from the UK, her 5 years on Tier 2 dependant visa will complete on 24th July this year 2020. But her visa expires on 14/06/2020. Even if we apply 28 days (allowable limit) before the 5 years completion date, that leaves a gap of 12 days. However, if we count the 5 years from the date of her 1st Tier 2 dependant application submission, i.e. 30/06/2015, we may be able to apply based on the description on page 11 of the guidance document, link: https://assets.publishing.service.gov.u ... -v20.0.pdf
Would this be possible in your opinion?

Thanks!

1. Will my dependants require a visa extension (instead of British citizenship for kids and ILR for Mrs) because I haven’t received ILR yet even though I am eligible now? Extension would now cost around £5,000 which would be a waste in the given scenario.

You and your wife will apply for ILR. UK born Kids do not need to have any visa or ILR as when you are settled they can be registered as British directly.

2. Can I apply for children's British citizenship only based on my standard ILR application reference number rather than a granted visa? And can my wife apply for ILR based on my application reference number as well?

No. You must be settled first

3. Will the continuous absence in From Feb 2016 to Apr 2017 break the 5-year continuity required for ILR? Or will this rule apply in her favour which disregards dependant absences before Jan 2018

PBS dependants do NOT have an absence limit if their visa was issued before 11 Jan 2018

4. If we disregard the above 13-month continuous absence from the UK, her 5 years on Tier 2 dependant visa will complete on 24th July this year 2020. But her visa expires on 14/06/2020. Even if we apply 28 days (allowable limit) before the 5 years completion date, that leaves a gap of 12 days. However, if we count the 5 years from the date of her 1st Tier 2 dependant application submission, i.e. 30/06/2015, we may be able to apply based on the description on page 11 of the guidance document

The 5 years is calculated from the date her initial visa was issued. She applies before visa expiry and as long as her ILR decision date is within 28 days, she is eligible and will be granted ILR
indefinite-leave-to-remain/4-days-short ... l#p1794428

Hi Zimba,

Many thanks for your prompt response.
This post suggests that kids visa can't be left to expire:
https://www.whatdotheyknow.com/request/ ... as_permiss

Also, would you advise me applying now for a standard service or wait until next month to apply with my Mrs? She has booked english and life in UK tests within the next 3 weeks, which we are unsure if they will go ahead, can she apply without those if they get cancelled?.

Thank you.

A UK born child does not require a valid visa to apply for citizenship. UK born children have an entitlement to register as British (cannot be refused).

The issue you will have is access to free NHS service once their visa expire.

CR001 wrote: ↑

Mon May 11, 2020 7:36 am

A UK born child does not require a valid visa to apply for citizenship. UK born children have an entitlement to register as British (cannot be refused).

The issue you will have is access to free NHS service once their visa expire.

Is is a confirmed issue for everyone or a potential risk? Do we know of many such cases? Otherwise, it's better for a UK born child to apply for ILR if they are at risk of loosing NHS service.

Daided wrote: ↑

Tue May 12, 2020 11:31 am

CR001 wrote: ↑

Mon May 11, 2020 7:36 am

A UK born child does not require a valid visa to apply for citizenship. UK born children have an entitlement to register as British (cannot be refused).

The issue you will have is access to free NHS service once their visa expire.

Is is a confirmed issue for everyone or a potential risk? Do we know of many such cases? Otherwise, it's better for a UK born child to apply for ILR if they are at risk of loosing NHS service.

The GP access should be ok. Often it is hospitals that require valid BRP to be admitted

CR001 wrote: ↑

Mon May 11, 2020 7:36 am

A UK born child does not require a valid visa to apply for citizenship. UK born children have an entitlement to register as British (cannot be refused).

The issue you will have is access to free NHS service once their visa expire.

Thanks Zimba, Char

My kids visa is now expiring next month on 14th June. Since it seems impossible for me to get an ILR by that time, they cannot apply for citizenship. I am still unsure if I should let their visa expire and not extend their Tier 2 dependant visa. You have suggested that they are entitled to citizenship since they are born here. However, the following response from HO to an enquiry is saying something different:

"Normally a child born in the UK would be free from immigration control.
However once a child has been issued a visa, they are then subject to
immigration rules and would need to continue to have a valid visa. If the
visa expires and they do not have an application in progress, the child
then becomes an over stayer and in breach of immigration rules."

(source: https://www.whatdotheyknow.com/request/ ... as_permiss)

Would you be able to provide advice on this matter please?

Many thanks

Many have applied after a visa expired and had approval. You are perhaps overthinking this just a little.

Hi,

Since my initial enquiry in this thread, I have applied for dependants' (Mrs and 2 UK-born kids) Tier 2 extension 2 days ago as their visa was expiring today (14th June)- Mine expires in Jan 2021 and I became eligible for ILR on 23rd of April but haven't applied yet in hope for a priority service reopening. Mrs will become eligible for ILR in 12 days time (26th June 2020) from today if we consider the 28 days before rule (on a 5-year route). The .gov covid helpline suggested we should not let any visas expire and apply online, so we had to apply to fill that 12 days gap.

Now this gives rise to a few questions for us:

1. As her application (Tier 2 dependant) is already submitted (12th June 2020), can we switch it to ILR after 12 days? And how do we do that? I (the main applicant) will also be applying so we may submit for ILR together (probably standard to get things going).

2. We are assuming her ILR eligibility in 12 days time even though she has spent a year outside the UK from 24/02/2016 to 04/04/2017. Her current leave was issued in 2017, but now if her Tier 2 extension is granted will that mean the following will not apply to her and that absence will now be counted? As her new extended visa will be issued in 2020 and not before 11 Jan 2018:

PBS dependants do NOT have an absence limit if their visa was issued before 11 Jan 2018

3. If she receives her Tier 2 extension, and myself an ILR, can she continue extending her Tier 2 dependant visa in the same category until 5 years from after her 1-year absence between 2016-17? - which to my understanding will not be possible due to the max limit of Tier 2 visas to be 6 years.

I would appreciate your opinion on this.

Many thanks.

1. Apply using one SET(O) application. Add a cover letter saying she is varying to ILR with you
2. You misunderstood what that means. Absence limit ONLY applies to the period of a visa if it was issued after 11 Jan 2018
3. She has no absence issue but yes she can extend under PBS route.

Hi, many thanks for your valuable advice so far. I would appreciate your further advice on the following issue:

Since my initial enquiry in this thread, my dependants' (Mrs and 2 UK born kids) applied for their Tier 2 extensions on 12th June 2020 and since my last post, Mrs and I applied for ILR on 28th June (Mrs varied application from Tier 2 dependant to ILR as she became eligible on 28th June, also stated that in a cover letter as suggested). This week received an email to book appointment for biometrics for Tier 2 extensions (Mrs and 2 kids), so we have booked one on 24th August. I also received another email related to our ILR application saying Mrs and I are eligible for biometric reuse.

My questions:

1. We will be going for biometrics of both the kids for their Tier 2 extensions, should the mother avoid providing biometrics as she has varied that application to ILR? We also sent an email about varying application when providing supporting documents for Tier 2 application (I have read on a forum somewhere that you should not attend biometrics for a previous application once you vary an application).

2. And what happens to the ILR application if she does provide biometrics for Tier 2 extension?

3. While submitting the three Tier 2 extension applications, the confirmation page said applicants should attend biometrics before 17th August. I wasn't able to find a free appointment before that date (appointment fees seem unfair after paying nearly £7.5k on visa applications in the last few weeks). We have now booked one on 24th August, is that still OK?

She should ignore Biometrics for Tier 2 as UKVI may grant her Tier 2 instead and she can lose a refund. Follow through with her ILR instead. Ignore the 45 days notice

Hi Zimba/Char
Many thanks for your valuable advice so far. Since my last post above, my wife and I have received ILR Set(O) yesterday. Wife and our two UK born kids applied for Tier 2 extension in June as UKVI telephone support said you should not let any visas expire (wife varied later to ILR on becoming eligible). My question is, should we withdraw all three Tier 2 extension applications after applying for kids naturalisation as we have ILR now? And if we do cancell those applications, will this impact wife and kids 3C status which they held until yesterday?

The biometrics for that are not done yet and UKVCAS refused to let the 2 kids submit theirs last month without the mother on the day saying she is on the application and would need to submit too (we told them that she doesnt need to as she has varied to ILR). They suggested we book an appointment again and provide a letter from UKVI saying the mother doesn't need to submit biometrics. UKVCAS also sent another email this week saying its the last reminder and we should book an appointment as soon as possible (suggesting to book a premium one >£500). I see no standard appointments availalbe and I haven't received any letter from UKVI to take to the biometric appointment.
Your advice will be much appreciated.
Thanks

Your wife doesn't have a tier 2 extension pending if she varied to ilr. She can only have one application pending with Jo at a time.

You also did NOT have to apply for an extension for the UK born children. They do NOT need a valid visa to register as British as they have an entitlement to register.