PLEASE HELP!! ILR FOR OUR CHILD AS TIER 2 DEPENDENT UNDER 18 REFUSED

My husband applied for ILR under TIER 2 route (5 year) together with my son who is under 18 years old.
My husband got approved and my son was refused today..

Me and my son are his dependents under Tier 2 Visa.
I haven't completed my 5 year stay in the UK so still under dependant visa right now. My 5th year here will be in May 2021.
We didn't realised that me and my husband needs to be settled first before we can apply ILR for our son, we thought my son can apply together with him since he is only 12 yo.(read somewhere).

They gave us 14 days to apply for administrative review. Is there anyway we can do something about this?
Please help!!

Admin review will fail. Admin review is for when ukvi has made an error. They have not made an error in this case and have applied the immigration rules as they should.

The immigration rules are very clear that the child can only apply when both parents are applying at the same time or one parent already has ilr and the other parent is also applying with child.

The child cannot apply or qualify for ilr based on tier 2 dependent if you do not apply at the same time as the child.

Thanks for your quick response

We can't do anything then?

Unfortunately nothing you can do. It is a very expensive mistake.

It is and always has been the applicants responsibility to ensure they qualify what they are applying for.

Immigration rule paragraph 319J(e) in link below.

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

And point 150 page 25 in the pbs dependent guidance link below.

https://www.gov.uk/government/publicati ... rs-1-2-4-5

Non-British children born abroad follow the same immigration pathway as that of the less-privileged parent.

The child will be eligible for ILR with the second parent and will be eligible to register for British citizenship when at least one parent has British citizenship and both the child and the other parent have ILR (and provided the child has not celebrated their 18th birthday).

Thanks for the info.
I will apply ILR in April 2021 so I can include my son in my application? We dont want to make another mistake

But before ILR application we still need to extend out Tier 2 dependant visa (me and my son) because we still short of 6 months to be eligible for 5 years continuous stay in the UK as our current visa expires in November 2020.

Are we eligible for the charge-free IHS as my husband works in healthcare and I'm working in NHS as well? And how are we gonna prove that? What requirements I need to provide in our application?

Thanks in advance

blue02 wrote: ↑

Sun Sep 20, 2020 2:13 pm

Thanks for the info.
I will apply ILR in April 2021 so I can include my son in my application? We dont want to make another mistake

But before ILR application we still need to extend out Tier 2 dependant visa (me and my son) because we still short of 6 months to be eligible for 5 years continuous stay in the UK as our current visa expires in November 2020.

Are we eligible for the charge-free IHS as my husband works in healthcare and I'm working in NHS as well? And how are we gonna prove that? What requirements I need to provide in our application?

Thanks in advance

Possibly

Refunds for health and care workers
You’ll get a full refund if all the following are true:

you paid the IHS on or after 31 March 2020
you’re a qualified doctor, nurse or other health professional on a Tier 2 visa who would have benefitted from the Health and Care Visa
you’re sponsored by the NHS, an organisation providing medical services to the NHS or an organisation providing adult social care

https://www.gov.uk/healthcare-immigrati ... on/refunds

Hi!

Im still confused with this...
1.Shall I and my son apply under the normal Tier 2 dependant visa extension or Health and Care Visa?

2. My husband got his ILR already last month and he is working as Radiographer in a private hospital, I'm thinking if he is still eligible for that 'Health and Care' visa even though he already got his ILR.

3. Shall we use his old COS in this application or does my husband needs to ask for another one from his HR if ever he is eligible for 'Health and Care visa?

Please enlighten me..

TIA

1. Normal tier 2 dependent visa.

2. He is not eligible for it as he holds ilr already. If he applies for a health care visa, it will cancel his ilr.

3. Old cos.

Oh so sorry to confused you....

What I meant was since he is from Tier 2 (under shortage) visa route when he got his ILR, are we eligible to take advantage of 'Health and Care visa' as his dependants?

No.

Thanks for your reply..

We're not eligible though he works as Healthcare professional?

But as I work in NHS do you think I can get a refund if I pay the IHS?

What do you do in the NHS?? Only certain professions are exempt.

Hi!
Im a Radiographer

I was thinking we can save money if we go thru Health and Care visa route but as you mentioned we are not eligible as my husband (main Tier 2 visa holder) got his ILR already. We dont want to make another mistake.

Another thing, if we apply tier 2 dependant visa extension this October how much IHS are we gonna pay? Our visa expires in 10 Nov 2020 but my son and I stayed in the UK for 5 years in May 2021. Will we pay another 1 year again or just 6 months? I felt like we paid a lit of IHS as we just renewed last Jan 2020

An extension is for 3 years. You have to pay IHS for 3 years.

Current IHS is £400 each per year. It is increasing in about 21 days to £625 per year for adults and £470 per year for children.

blue02 wrote: ↑

Mon Oct 05, 2020 9:10 pm

But as I work in NHS do you think I can get a refund if I pay the IHS?

Maybe under the reimbursement scheme. Link given by secret.simon in another thread.
https://www.gov.uk/government/publicati ... f-guidance

Thanks JB007

The link you gave is very helpful. i didn't know I can still reimburse the IHS that we paid the last time we applied for extension which is just last January 2020 And as what I understand that includes my son's IHS as I work in NHS under visa dependant holder

CR001 wrote: ↑

Mon Oct 05, 2020 10:17 pm

An extension is for 3 years. You have to pay IHS for 3 years.

Current IHS is £400 each per year. It is increasing in about 21 days to £625 per year for adults and £470 per year for children.

Thanks
There's a way I can make it 1 year isn't it? I read somewhere from this forum that there's a glitch regarding this IHS thingy if Im not mistaken

blue02 wrote: ↑

Mon Oct 05, 2020 10:59 pm

There's a way I can make it 1 year isn't it?

not at all