Qualified for ILR but still waiting for a decison from lastest Tier 2 extension application

Dear All,

I am looking for some information on my ILR application, please anyone could able to answer my questions?


Currently, my BRP card expiration date is 14th, Nov 2020, the same as my wife and daughter.


I applied for a T2 extension alone (changed a new job, different sponsor) on 11th, Aug, still waiting for the decision. It seems unlikely to get it before my current BRP card expired.

My visa start date is 13th，Nov, 2015, which means I could apply for ILR right now.
My wife and daughter came to the UK two years later, so they need to extend for another 3 years along with my ILR application.

My question is

1. Can I apply for ILR now? before I get a decision.

2. I found some information here about 'vary Tier 2 extension application to ILR application', but not sure if this suits my case as well? if it is, how to process it?


Thanks in advance！

ILR is not simply based on your residence alone. You must hold a Tier 2 from your sponsor first. Your TIer 2 visa must be granted with the new sponsor before applying for ILR. You must wait for the visa to be granted and work for one month for your new employer (if you have not started already) before applying for ILR

Zimba wrote: ↑

Thu Nov 05, 2020 10:20 am

ILR is not simply based on your residence alone. You must hold a Tier 2 from your sponsor first. Your TIer 2 visa must be granted with the new sponsor before applying for ILR. You must wait for the visa to be granted and work for one month for your new employer (if you have not started already) before applying for ILR

Thanks, Zimba!

Sorry, I did not clarify, I applied for the new T2 visa as I mentioned on 11th, Aug, and then started to work from 2th, Sep. My new sponsor said that's ok I can work before I get the decision depending on the covid-19 situation.

So the same question I need to find out.
Because my wife and daughter still need 2.5 years to complete their 5 years requirement, but my new cos is only 2 years. So I hope we could only apply once for their 3-year dependent visa along with my IRL together to save the money.

But as you recommended that I could not apply for ILR before I get a decision, right? even I already meet all the requirements for ILR?

The problem is I do not know how long I should wait and my wife and daughter's visas will expire soon.

Zimba wrote: ↑

Thu Nov 05, 2020 10:20 am

ILR is not simply based on your residence alone. You must hold a Tier 2 from your sponsor first. Your TIer 2 visa must be granted with the new sponsor before applying for ILR. You must wait for the visa to be granted and work for one month for your new employer (if you have not started already) before applying for ILR

Thanks, Zimba!

Sorry, I did not clarify, I applied for the new T2 visa as I mentioned on 11th, Aug, and then started to work from 2th, Sep. My new sponsor said that's ok I can work before I get the decision depending on the covid-19 situation.

So the same question I need to find out.
Because my wife and daughter still need 2.5 years to complete their 5 years requirement, but my new cos is only 2 years. So I hope we could only apply once for their 3-year dependent visa along with my IRL together to save the money.

But as you recommended that I could not apply for ILR before I get a decision, right? even I already meet all the requirements for ILR?

The problem is I do not know how long I should wait and my wife and daughter's visas will expire soon.

Please anyone would help?

You will apply for your dependant extension as normal before visa expiry, then vary those later to ILR and get a refund for the extension.

Zimba wrote: ↑

Thu Nov 05, 2020 6:47 pm

You will apply for your dependant extension as normal before visa expiry, then vary those later to ILR and get a refund for the extension.

Thank you again, Zimba!

My wife and daughter will meet the 5 years requirement in December 2022.

If I apply for their extension with my current cos, they only get BRP until Sep 2022, still short for 3 months to ILR.

As you recommend, I do not understand how can I vary their application?

You have no option but to apply for their extension before visa expiry.

Zimba wrote: ↑

Fri Nov 06, 2020 10:05 am

You have no option but to apply for their extension before visa expiry.

Thanks, Zimba!

Sorry I still have another question.

According to my new cos, my work end date is 1st Sep 2022.

If I apply for my wife and daughter a T2 visa extension as normal before their visa expiry. They will still short for 3 months to apply for their settlement, so we need to apply for another 3 years T2 dependant Visa afterwards.

May I ask if there is an option that I could try the following steps?

1. Apply for my wife and daughter's T2 visa extension till 1st Sep 2022 right away, will choose a very later date (still meet the requirement)to attend an appointment.

2. Get my new T2 application decision before their appointment date(hopefully)

3. Apply for my ILR application immediately once I got my BRP card and vary my wife and daughter's former application to a 3-years T2 dependant visa. (pay again and get a refund for the first extension?)

All I am trying is to avoid to pay extra 5000 pounds, maybe more expensive in the next 2 two years.

Ignore the shortfall at the end for now. You cannot vary an extension application to another extension. UKVI will grant them visa based on your circumstances, not just the COS. If you get ILR, the extension will be issued for max 3 years anyway.

Zimba wrote: ↑

Fri Nov 06, 2020 2:34 pm

Ignore the shortfall at the end for now. You cannot vary an extension application to another extension. UKVI will grant them visa based on your circumstances, not just the COS. If you get ILR, the extension will be issued for max 3 years anyway.

Thank you so much, Zimba!