ILR Application for Tier 2 General Dependants

cool_elf · Post by **cool_elf** » Tue Mar 12, 2019 11:32 am

Hello Team,

I am on Tier 2 General Visa and I'm going to apply for Indefinite Leave to Remain (5 year continuous residence route). Could you please advise if what I've listed below are correct?

For Tier 2 (General) dependants:
1) Spouse with leave as Work Permit dependant - Even if Spouse has completed the qualifying residential period, spouse need not apply for Indefinite Leave to Remain (ILR) along with the main applicant and can apply after the WP migrant has received Settled status, but should do so before the WP dependant leave expires.

2) Child born abroad - A child dependant with leave as WP dependant need not be included in the Indefinite Leave to Remain (ILR) application of the parent (that the child is a dependant of) and can apply after the WP migrant has received settled status, but should do so before the WP dependant leave expires.

3) Child born in the UK before either parent is granted Indefinite Leave to Remain (ILR) - Need not be included in the ILR application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, the child is entitled to register for British citizenship, irrespective of child's immigration status.

4) If we don't wish to apply for British citizenship for UK born child, can ILR be applied for, instead?

Cheers!

CR001 · Post by **CR001** » Tue Mar 12, 2019 11:37 am

1) Spouse with leave as Work Permit dependant - Even if Spouse has completed the qualifying residential period, spouse need not apply for Indefinite Leave to Remain (ILR) along with the main applicant and can apply after the WP migrant has received Settled status, but should do so before the WP dependant leave expires.

Correct.

2) Child born abroad - A child dependant with leave as WP dependant need not be included in the Indefinite Leave to Remain (ILR) application of the parent (that the child is a dependant of) and can apply after the WP migrant has received settled status, but should do so before the WP dependant leave expires.

The child born abroad will qualify for ILR when the other (your spouse) applies.

3) Child born in the UK before either parent is granted Indefinite Leave to Remain (ILR) - Need not be included in the ILR application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, the child is entitled to register for British citizenship, irrespective of child's immigration status.

Correct.

4) If we don't wish to apply for British citizenship for UK born child, can ILR be applied for, instead?

Yes.

cool_elf · Post by **cool_elf** » Tue Mar 12, 2019 12:06 pm

Thank you CR001, for your quick reply

Much appreciated.

Cheers!

cool_elf · Post by **cool_elf** » Tue Mar 12, 2019 12:13 pm

The child born abroad will qualify for ILR when the other (your spouse) applies.

So to be clear, once the WP migrant (main applicant) and the spouse have both received the Settled status (by applying together or separately), the child born abroad can apply for ILR separetly at a later stage (before the WP dependant leave expires), right?

Cheers!

CR001 · Post by **CR001** » Tue Mar 12, 2019 12:18 pm

A Child born abroad can apply WITH both parents at the same time OR if ONE parents applies (main visa holder), the child can apply when the other parent applies (easiest option).

Child can also apply later, but why would you do that though??

cool_elf · Post by **cool_elf** » Tue Mar 12, 2019 9:26 pm

CR001 wrote: ↑
Tue Mar 12, 2019 12:18 pm
A Child born abroad can apply WITH both parents at the same time OR if ONE parents applies (main visa holder), the child can apply when the other parent applies (easiest option).

Child can also apply later, but why would you do that though??

Thanks CR001. In fact, I wish to apply for all of us together. But I am trying to understand all options and possibilities, if in case funds don't permit and if we have to apply at different times.

Cheers!

cool_elf · Post by **cool_elf** » Thu Mar 21, 2019 10:23 pm

Hello,

For proof of knowledge of English (a degree taught or researched in English), gov.uk says as below:

If your degree is not from a UK university, you’ll need your degree certificate and one of the following:

a letter or certificate from UK NARIC confirming the equivalent level of your degree, plus an official letter from your university with your name and degree confirming that your degree was taught in English

an official certificate from your university confirming the degree was taught or researched in a majority English-speaking country (except Canada)

https://www.gov.uk/english-language/degrees-in-english

But the document checklist at the end of the application asks for the below two (but is not asking for the letter from the university):

The degree certificate to prove the level of English language

NARIC letter that confirms the qualification meets or exceeds the recognised standard of a Bachelor's or Masters degree or PhD in the UK AND confirm the level of English to which the degree was taught or researched

Presume, here it is not asking for the letter from university as instead it is asking for the NARIC confirmation of level of English to which the degree was taught or researched. Could someone please advise if my understanding is correct and confirm if the letter from university is required or not?

Cheers !

CR001 · Post by **CR001** » Fri Mar 22, 2019 1:53 pm

You need NARIC English and comparable assessments. Costs about £150, same as the 15 minute B1 English test.

cool_elf · Post by **cool_elf** » Fri Mar 22, 2019 2:16 pm

CR001 wrote: ↑
Fri Mar 22, 2019 1:53 pm
You need NARIC English and comparable assessments. Costs about £150, same as the 15 minute B1 English test.

Thanks CR001. So if I get the NARIC assesment for English then I don't need to get the letter from my university, right?

Another question - If I do the B1 level test instead, I still should get the NARIC comparable assessment confirming the equivalent level of degree?

Cheers!

CR001 · Post by **CR001** » Fri Mar 22, 2019 2:32 pm

Thanks CR001. So if I get the NARIC assesment for English then I don't need to get the letter from my university, right?

NARIC might require some letter from your university. I am not sure, never had to use NARIC.

Another question - If I do the B1 level test instead, I still should get the NARIC comparable assessment confirming the equivalent level of degree?

If you do the B1 test, you do NOT need to do NARIC at all.

vir179 · Post by **vir179** » Fri Mar 22, 2019 6:40 pm

Hi, Do you have a similar situation like you want to apply ILR for you UK born child when one of the parents has ILR?

vir179 · Post by **vir179** » Sun Mar 24, 2019 8:35 am

cool_elf wrote: ↑
Tue Mar 12, 2019 11:32 am
Hello Team,

I am on Tier 2 General Visa and I'm going to apply for Indefinite Leave to Remain (5 year continuous residence route). Could you please advise if what I've listed below are correct?

For Tier 2 (General) dependants:
1) Spouse with leave as Work Permit dependant - Even if Spouse has completed the qualifying residential period, spouse need not apply for Indefinite Leave to Remain (ILR) along with the main applicant and can apply after the WP migrant has received Settled status, but should do so before the WP dependant leave expires.

2) Child born abroad - A child dependant with leave as WP dependant need not be included in the Indefinite Leave to Remain (ILR) application of the parent (that the child is a dependant of) and can apply after the WP migrant has received settled status, but should do so before the WP dependant leave expires.

3) Child born in the UK before either parent is granted Indefinite Leave to Remain (ILR) - Need not be included in the ILR application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, the child is entitled to register for British citizenship, irrespective of child's immigration status.

4) If we don't wish to apply for British citizenship for UK born child, can ILR be applied for, instead?

Cheers!

Did you apply ILR for your child?

cool_elf · Post by **cool_elf** » Sun Mar 24, 2019 10:36 am

Thanks a lot, CR001.

NARIC might require some letter from your university. I am not sure, never had to use NARIC.

I checked with NARIC and they advised that they need the letter from the university.

Please could you also help clarify the below points:
The checklist for documents to be submitted with the application has the below two mentioned as separate items:
1. Evidence of immigration status in the UK
2. Current Biometric Residence Permit

Presume, the current Biometric Residence Permit serves as the evidence for the immigration status as well?

Another item in the document checklist is:
3. For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules.
If all the five years of continuous residence was on Tier 2, then I believe this is not applicable. Is that right?

Cheers!

cool_elf · Post by **cool_elf** » Sun Mar 24, 2019 10:41 am

vir179 wrote: ↑
Fri Mar 22, 2019 6:40 pm
Hi, Do you have a similar situation like you want to apply ILR for you UK born child when one of the parents has ILR?

No, me and wife are yet to apply.

Cheers!

cool_elf · Post by **cool_elf** » Sun Mar 24, 2019 10:57 am

vir179 wrote: ↑
Sun Mar 24, 2019 8:35 am

cool_elf wrote: ↑
Tue Mar 12, 2019 11:32 am
Hello Team,

I am on Tier 2 General Visa and I'm going to apply for Indefinite Leave to Remain (5 year continuous residence route). Could you please advise if what I've listed below are correct?

For Tier 2 (General) dependants:
1) Spouse with leave as Work Permit dependant - Even if Spouse has completed the qualifying residential period, spouse need not apply for Indefinite Leave to Remain (ILR) along with the main applicant and can apply after the WP migrant has received Settled status, but should do so before the WP dependant leave expires.

2) Child born abroad - A child dependant with leave as WP dependant need not be included in the Indefinite Leave to Remain (ILR) application of the parent (that the child is a dependant of) and can apply after the WP migrant has received settled status, but should do so before the WP dependant leave expires.

3) Child born in the UK before either parent is granted Indefinite Leave to Remain (ILR) - Need not be included in the ILR application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, the child is entitled to register for British citizenship, irrespective of child's immigration status.

4) If we don't wish to apply for British citizenship for UK born child, can ILR be applied for, instead?

Cheers!
Did you apply ILR for your child?

Nope.

Cheers!

vir179 · Post by **vir179** » Sun Mar 24, 2019 11:55 am

cool_elf wrote: ↑
Sun Mar 24, 2019 10:57 am

vir179 wrote: ↑
Sun Mar 24, 2019 8:35 am

cool_elf wrote: ↑
Tue Mar 12, 2019 11:32 am
Hello Team,

I am on Tier 2 General Visa and I'm going to apply for Indefinite Leave to Remain (5 year continuous residence route). Could you please advise if what I've listed below are correct?

For Tier 2 (General) dependants:
1) Spouse with leave as Work Permit dependant - Even if Spouse has completed the qualifying residential period, spouse need not apply for Indefinite Leave to Remain (ILR) along with the main applicant and can apply after the WP migrant has received Settled status, but should do so before the WP dependant leave expires.

2) Child born abroad - A child dependant with leave as WP dependant need not be included in the Indefinite Leave to Remain (ILR) application of the parent (that the child is a dependant of) and can apply after the WP migrant has received settled status, but should do so before the WP dependant leave expires.

3) Child born in the UK before either parent is granted Indefinite Leave to Remain (ILR) - Need not be included in the ILR application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, the child is entitled to register for British citizenship, irrespective of child's immigration status.

4) If we don't wish to apply for British citizenship for UK born child, can ILR be applied for, instead?

Cheers!
Did you apply ILR for your child?
Nope.

Cheers!

Are you going to apply ILR for your child ?If yes then is it possible if only one of the parents has ILR and child is born in UK?

cool_elf · Post by **cool_elf** » Sun Mar 24, 2019 12:21 pm

Are you going to apply ILR for your child ?If yes then is it possible if only one of the parents has ILR and child is born in UK?

Whether you need to apply ILR for a UK born child depends on when the child was born. See the 'Children' section under this link.

Cheers!

CR001 · Post by **CR001** » Sun Mar 24, 2019 12:28 pm

vir179 wrote: ↑
Sun Mar 24, 2019 11:55 am
Are you going to apply ILR for your child ?If yes then is it possible if only one of the parents has ILR and child is born in UK?

It would be useful if you continued your questions in your own topic where you have already been given advice.

vir179 · Post by **vir179** » Sun Mar 24, 2019 12:45 pm

CR001 wrote: ↑
Sun Mar 24, 2019 12:28 pm

vir179 wrote: ↑
Sun Mar 24, 2019 11:55 am
Are you going to apply ILR for your child ?If yes then is it possible if only one of the parents has ILR and child is born in UK?
It would be useful if you continued your questions in your own topic where you have already been given advice.

I am exploring threads where i am finding similar situation as mine but couldn't find any clarity. Everyone is talking about british naturalization when child is UK born and one of the parents granted ILR after child is born. This situation is pretty much clear in immigration rules and i think it is not even worth asking in this forum.
I am asking for child's eligibility for ILR under same circumstances.

CR001 · Post by **CR001** » Sun Mar 24, 2019 1:53 pm

vir179 wrote: ↑
Sun Mar 24, 2019 12:45 pm

CR001 wrote: ↑
Sun Mar 24, 2019 12:28 pm

vir179 wrote: ↑
Sun Mar 24, 2019 11:55 am
Are you going to apply ILR for your child ?If yes then is it possible if only one of the parents has ILR and child is born in UK?
It would be useful if you continued your questions in your own topic where you have already been given advice.

I am exploring threads where i am finding similar situation as mine but couldn't find any clarity. Everyone is talking about british naturalization when child is UK born and one of the parents granted ILR after child is born. This situation is pretty much clear in immigration rules and i think it is not even worth asking in this forum.
I am asking for child's eligibility for ILR under same circumstances.

Can you please continue in your own topic.

There is no restriction on applying for ILR for the child if you choose. It is not mandatory to apply for citizenship.

cool_elf · Post by **cool_elf** » Wed Mar 27, 2019 4:56 pm

cool_elf wrote: ↑
Sun Mar 24, 2019 10:36 am
Thanks a lot, CR001.
CR001 wrote:NARIC might require some letter from your university. I am not sure, never had to use NARIC.
I checked with NARIC and they advised that they need the letter from the university.

Another question on this - When we get the Medium of Instruction letter from the university, should it be specifically for the Bachelor degree or can it be for a Masters degree instead? I came across some posts (though quite old posts) mentioning that it must be Bachelors, hence wanted to be sure.

Couple of other queries I have is regarding the question, "When did you first enter the UK?", in the SET(O) form.
My Tier 2 (General) visa was processed overseas and I then travelled to the UK. Since then, I've been on Tier 2 (General). Considering this:
a) Is it the Tier 2 (General) visa start date or the actual date of entry into the UK?
b) Is this the same for both the Tier 2 (General) visa holder as well the dependants?

Apologies if this was clarified in any other posts earlier; but I am unable to find a clear answer and so wanted to get an expert opinion.

Cheers!

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