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Question on ILR eligibility for my dependants

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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vj_tier2_migrant
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Question on ILR eligibility for my dependants

Post by vj_tier2_migrant » Fri Aug 16, 2019 3:35 pm

Hi,

I'm on Tier 2 General visa since Jun 2015 (5 years visa valid until 14 July 2020) and I would be completing my 5 years in Jun 2020. I believe I can apply for my ILR 28 days before my 5 years completion.

My family joined me only in Sept 2015 and they too have their PBS dependant visas valid until 14 Jul 2020. My question is whether they can apply for the ILR at the same time as me? From the internet I read from many sources that the dependants should also complete 5 years in the UK before applying for ILR. In that case they can only apply in mid August 2020, but their current visas expires on 14 Jul 2020. Could anyone answer me if they need to extend their visas before applying for ILR or can apply at the same time as me?

Many thanks in advance
Vijay

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CR001
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Re: Question on ILR eligibility for my dependants

Post by CR001 » Fri Aug 16, 2019 3:38 pm

What was their initial visa ISSUE date??

ILR residency for tier 2 and tier 2 dependent starts from visa issue date and not the date of arriving in the UK.
Char (CR001 not Casa)
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vj_tier2_migrant
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Re: Question on ILR eligibility for my dependants

Post by vj_tier2_migrant » Fri Aug 16, 2019 3:52 pm

Hi,

They received a temporary visa valid for 1 month at that time and got their BRP after they arrived in the UK.

My wifes visa was issued from 11 Sep 2015 and my kids was issued from 15-Aug 2015
There was no date of issue mentioned in the Visa vignette.

Regards

CR001 wrote:
Fri Aug 16, 2019 3:38 pm
What was their initial visa ISSUE date??

ILR residency for tier 2 and tier 2 dependent starts from visa issue date and not the date of arriving in the UK.

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CR001
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Re: Question on ILR eligibility for my dependants

Post by CR001 » Fri Aug 16, 2019 4:04 pm

What was the valid from date on the visa vignette??
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vj_tier2_migrant
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Re: Question on ILR eligibility for my dependants

Post by vj_tier2_migrant » Fri Aug 16, 2019 6:49 pm

My wifes visa was valid from 11 Sep 2015 to 10 Oct 2015 and my kids visa from 15-Aug 2015 to 14 Sep-2015
CR001 wrote:
Fri Aug 16, 2019 4:04 pm
What was the valid from date on the visa vignette??

vj_tier2_migrant
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Re: Question on ILR eligibility for my dependants

Post by vj_tier2_migrant » Wed Aug 21, 2019 10:34 am

Any answers on my question please?

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aman90
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Re: Question on ILR eligibility for my dependants

Post by aman90 » Wed Aug 21, 2019 11:56 am

vj_tier2_migrant wrote:
Wed Aug 21, 2019 10:34 am
Any answers on my question please?
Seems likely that:

11 sept minus 28 days
15 August minus 28 days

Dependants will have to apply for extension just before current visa expiry ie 14 July.

Vary their extension applications to ILR once with in 28 days of qualifying period..

vj_tier2_migrant
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Re: Question on ILR eligibility for my dependants

Post by vj_tier2_migrant » Wed Aug 21, 2019 1:58 pm

aman90 wrote:
Wed Aug 21, 2019 11:56 am
vj_tier2_migrant wrote:
Wed Aug 21, 2019 10:34 am
Any answers on my question please?
Seems likely that:

11 sept minus 28 days
15 August minus 28 days

Dependants will have to apply for extension just before current visa expiry ie 14 July.

Vary their extension applications to ILR once with in 28 days of qualifying period..
Thank you so much.
One more doubt.
By the time my dependants apply for their extension (before 14 July 2020), I guess I would have already got my ILR. So should they still submit their extension as PBS dependant or an ILR dependant? Any idea how long the extension process take ? What would happen if a decision is already made on their extension application before we vary to ILR?

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Re: Question on ILR eligibility for my dependants

Post by CR001 » Wed Aug 21, 2019 2:09 pm

So should they still submit their extension as PBS dependant or an ILR dependant?

PBS Dependent. Switching visa categories to FLR(M) spouse visa will reset their ILR clock to zero.
Any idea how long the extension process take ?
It depends what service you choose. Super priority or 8 weeks standard.
What would happen if a decision is already made on their extension application before we vary to ILR?
Then you cannot vary. You can only vary an UNDECIDED application. Once it is decided, then you would have to apply for ILR in the normal way and pay the fees.
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aman90
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Re: Question on ILR eligibility for my dependants

Post by aman90 » Wed Aug 21, 2019 3:01 pm

vj_tier2_migrant wrote:
Wed Aug 21, 2019 1:58 pm
aman90 wrote:
Wed Aug 21, 2019 11:56 am

11 sept minus 28 days
15 August minus 28 days

Dependants will have to apply for extension just before current visa expiry ie 14 July.

Vary their extension applications to ILR once with in 28 days of qualifying period..
By the time my dependants apply for their extension (before 14 July 2020), I guess I would have already got my ILR.

So should they still submit their extension as PBS dependant or an ILR dependant?


Any idea how long the extension process take ?


What would happen if a decision is already made on their extension application before we vary to ILR?
Adding to Cr001 comments-

1. It would be exceptionally ridiculous to apply as anything else than PBS dependants.

2. To ensure they reach qualifying period.. you can delay biometrics.. applications are not considered valid till bio submission. It’s should not be difficult to vary before a decision is taken.

3. You have a lot of time till then.. frequent the forum to see what’s going on around May/June 2020

4. The date of decision is taken into account for continuous residence requirement. I can’t say for sure that you should do this ( personally I wouldn’t) you can all apply a day before expiry, wait till ur wife is within 28 days of qualifying period and all of you can submit biometrics together. You can choose to apply urself earlier on super priority as well..

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