PBS dependent applying for ILR

Dear all,

Happy new year, I have a question for my wife about applying for her ILR as a PBS dependent, the details are:

I have currently been holding a Tier-2 (General) visa for about 5 years and would be eligible to apply for my own ILR from 1 April 2021. I also want to apply for ILR for my wife using the same online form.

My wife and I got married in London in 2013, when I was studying and holding a Tier-4 visa. After our marriage my wife applied within Uk the PBS dependent visa and was granted it in January 2014. Since then, my wife has been living with me in UK, with PBS dependent visa. She never left UK for more than 180 days in any consecutive 365 days.

In March 2016 I graduated and found a job in UK, so I applied a Tier-2 (General) visa and was granted in April 2016, and after a few months I applied a new PBS dependent visa for my wife as her previous PBS dependent visa was about to expire. Now my wife has not been holding the latest PBS dependent visa for more than 5 years, but has hold two consecutive PBS dependent visas for nearly 7 years.

In this case, could she apply ILR with me at the same time using the same online form?

Many thanks in advance,

Steven

As long she has spent 5 years under PBS dep route (both Tiers), yes she can apply for ILR when you do. She will fill her own form but can be added in the same account as a partner, after you fill your form first.

She has absence limits on any leave that was granted after 11th Jan 2018 only. Not only 6 months consecutive but also not more than 180 days on rolling basis.

Hi CULLINAN,

Many thanks indeed for your prompt reply, much appreciated!

In this case I also have a related question: I also have two Child PBS dependents, one was born in 2015 outside UK and came to UK 3 months old, the other was born in Uk later in 2017. Both my sons have been holding Child PBS dependent visas only.

Since my wife and I would now apply for ILR together at the same time, could I also apply for ILR for my two child dependents? Or could I wait for the grant of my and my wife’s ILRs and then register British citizen for my younger son (who was born in UK)? Both my children have their current PBS dependent visas being expire on the same day as I do (ie 27 April 2021).

Many thanks again,

Steven

Apply for the child born abroad with your and your wife's application.

UK born child can apply to register as British once you get ilr. A UK born child does not need ilr.

Your child born outside UK will tag along when your wife applies (child tags along with the less privileged parent - in immigration terms).

Your child born in UK: You can simply register child as BC after your ILR. Child’s visa expiry is irrelevant to be registered as BC.

Hi CR001, CULLINAN,

Many thanks indeed for your replies, I understood. My last question for now is - is there any possibility to apply for ILR visa or limited leave to remain visa for my UK-born son, as we would prefer him to hold the same non-UK nationality as I do for now? If so, would he register as BC later in his life (e.g. 10 years old)?

Many thanks,

Steven

You can apply for ilr for the UK born child if you wish.

Note that he only has an entitlement to register as British before he turns 18.

Note also that ILR can be lost if absent from the UK for 2 or more years.

Hi CR001,

Thank you very much for your clear explanation.

Another question for my non-UK born elder son (please forgive me for asking this additional question), is that could he register as BC after holding ILR for more than 1 year, or should he wait until 10 years old before he could register as BC?

If the former situation applies, ie he could register as BC after holding ILR for 1 year, should his mother and I both first applying for BC before him? Or only one of the parents needs to apply for BC before my elder son?

Many thanks again,

Steven

is that could he register as BC after holding ILR for more than 1 year, or should he wait until 10 years old before he could register as BC?

He can only apply for citizenship when either parent is also applying and the other parent holds ilr. Thee is no entitlement to register for children born abroad. The ability to register as British after 10 years is for children born in the UK, not those born abroad.

If the former situation applies, ie he could register as BC after holding ILR for 1 year, should his mother and I both first applying for BC before him?

No.

Or only one of the parents needs to apply for BC before my elder son?

Yes.

Thank you CR001, just to clarify, once my wife and I have been holding ILR for 1 year, she or I could actually apply for BC at the same time as my elder son? I mean using the same application account and make only one application for both the parent and my elder son?

Many thanks,

Steven

she or I could actually apply for BC at the same time as my elder son? I mean using the same application account and make only one application for both the parent and my elder son?

Yes, provided he also holds ilr as well.