Apply for my ILR - Related queries

Hi ,

Happy NEW year !! I am living in the UK since April 2016 and about to complete 5 years on Tier 2 (General) Visa .I started with Tier 2 (General) Visa in a company with my BRP expiry dated 17-4-2021. then i moved to another company which sponsored a Tier 2 (General) Visa to me on Jan 2018 so i got a new BRP .The BRP expiry date shows 23-7-2021and this is my current BRP. My wife has been living in the UK on ICT long term Tier 2 since April 2016.She moved on my dependant (BRP issue date 03-10-2019 and expiry 17-4-2021 ).The same is with my daughter as she moved on my dependant (BRP issue date 03-10-2019 and expiry 17-4-2021). My daughter was Born in the UK. But she has Indian passport and has travelled to India couple of times until end of 2019.
My questions are:

On what date can i apply for my ILR process ?

Can i travel internationally when my ILR application is in process?

Does my daughter need to apply for ILR or she can directly apply for citizenship because she was born in UK (although she has India passport as mentioned above)?

Assuming my wife and daughter are not eligible for ILR this year, what procedure do i need to do for their continuous stay here (as i believe their existing BRP will be invalid after my ILR application?)? And what would be the cost for this procedure?

Can my dependants travel internationally while this visa application is in process?

When is my wife and daughter eligible for citizenship or ILR ?

Thanks in advance for the help and Apologize of i am repeating myself.

Sandip

On what date can i apply for my ILR process ?

No sooner than within 28 days before the 5th anniversary of your initial tier 2 visa issue date.

Can i travel internationally when my ILR application is in process?

No. If you travel out of the UK while your ilr app is pending, your application will be considered withdrawn and you lose your fee.

Does my daughter need to apply for ILR or she can directly apply for citizenship because she was born in UK (although she has India passport as mentioned above)?

Assuming my wife and daughter are not eligible for ILR this year, what procedure do i need to do for their continuous stay here (as i believe their existing BRP will be invalid after my ILR application?)? And what would be the cost for this procedure?

Extend wife's visa as PBS dependent. A UK born child can register as British once you get ilr.

Can my dependants travel internationally while this visa application is in process?

No.

When is my wife and daughter eligible for citizenship or ILR ?

Your wife needs 5 years residence as PBS dependent to qualify for ilr. UK born child, see comment above.

Thank you so much for the prompt response. Really appreciate it.

I just need to confirm few things to make sure it got it right.

1) You mentioned my daughter can apply for British citizen once i get my ILR even though she has an Indian passport but born in UK. She need not apply for an ILR.

Is this correct?

2) What are the charges for wife's PBS dependant considering my scenario i stated in my original question?

3) IS the IHS (Immigration health surcharge )separate charged than the PBS dependant visa fee? How much is that?

4) Do i need to make another BRP card/PBS dependant for my daughter in the period between my ILR application and her Citizenship application? Do i need to pay IHS for my daighter at any stage?

Thanks Again
Sandip

1. Correct.

2. https://www.gov.uk/skilled-worker-visa/ ... h-it-costs

3. Yes it is separate. £624 per year. A 3 uear visa is £1872 IHS.

4. No and no.

Thanks a ton for the help here. Really appreciate it.

@CR001,

I had a question on one of your below comment:



Assuming my wife and daughter are not eligible for ILR this year, what procedure do i need to do for their continuous stay here (as i believe their existing BRP will be invalid after my ILR application?)? And what would be the cost for this procedure?

Extend wife's visa as PBS dependent.

For this PBS extension for my wife, do i need to initiate this procedure along with my ILR application form? IS the application form separate or withing ILR application, i get the option for my dependants PBS application?


The other concern i had was:

You mentioned my daughter can apply for British citizen once i get my ILR even though she has an Indian passport but born in UK. She need not apply for an ILR.

But in this case,she would be technically without a visa till i apply for her Citizenship if i understand it correct. Is that ok first of all? If yes, that would mean she cannot travel international in that period is it?


Thanks
Sandip

A UK born child does NOT need ILR or a valid visa to apply for citizenship. They have an entitlement to register as British. She can leave the UK, bit won't be able to return until she has a British passport if she doesn't have a valid visa.

Your wife must apply for a PBS dependent extension before her visa expires. It will be a 3 year extension.

ok. So that means their existing dependant visas will be valid until the expiry date mentioned on their BRP cards. And i need to apply for my wife's new PBS dependant probably a month before it expires?

Is that right?

Sandip

Wireshark wrote: ↑

Mon Feb 01, 2021 11:14 am

ok. So that means their existing dependant visas will be valid until the expiry date mentioned on their BRP cards. And i need to apply for my wife's new PBS dependant probably a month before it expires?

Is that right?

Sandip

There is no PBS dependant route for Tier 2 anymore. It will be an application as a dependant partner of a Skilled Worker

But its still not clear to me whether my wife's existing dependant visa will be valid until the expiry date mentioned on their BRP card even after my ILR application. And assuming thats right, i need to apply for my wife's new PBS dependant probably a month before it expires?

Wireshark wrote: ↑

Fri Feb 05, 2021 1:34 pm

But its still not clear to me whether my wife's existing dependant visa will be valid until the expiry date mentioned on their BRP card even after my ILR application. And assuming thats right, i need to apply for my wife's new PBS dependant probably a month before it expires?

Your wife's visa remains valid until expiry. As I told you, she will have to apply as a partner dependant visa which replaced the old PBS dependant route for Tier 2. She applies for visa anytime before expiry

Hi,

So there is some progress in my status now. I got my ILR yesterday,thanks to you for the help . Now on the below last comment:

Your wife's visa remains valid until expiry. As I told you, she will have to apply as a partner dependant visa which replaced the old PBS dependant route for Tier 2. She applies for visa anytime before expiry

Like you say, PBS dependant is no longer an option. when i lookup on gov.uk, i see 2 options, APPLY AS A PARTNER (FLR-M) or APPLY AS A PARENT IF YOU CHILD HAS A BRITISH PASSPORT(not sure whats the form name for this though) .

Now my daughter would have a British passport in few weeks (i am doing that application next). So which route out of the above 2 do you suggest is valid for my wife considering she needs to get on a British citizenship sooner rather than later?

Thanks

Like you say, PBS dependant is no longer an option. when i lookup on gov.uk, i see 2 options, APPLY AS A PARTNER (FLR-M) or APPLY AS A PARENT IF YOU CHILD HAS A BRITISH PASSPORT(not sure whats the form name for this though) .

Neither as both of these would reset her ilr clock to zero and a new 5 year route to ilr.

She applies as a skilled worker dependent to maintain her time already spent on tier 2 dependent visa towards ILR.

Now my daughter would have a British passport in few weeks (i am doing that application next).

Highly unlikely she will have a British passport in "a few weeks". She cannot apply for a passport yet as she is not British. You have to register the child as British on form MN1 first, which can take a few months. You can only apply for the British passport once the MN1 application is approved and you have received the registration certificate.

ok, and is this skilled worker dependent visa a dependant visa on my ILR? (because my earlier Tier 2 visa is replaced by an ILR right?).

If yes, could you pls share the link for this option. I end up getting on FLR-M everytime i lookup.

Thanks
Sandip

Wireshark wrote: ↑

Tue Apr 13, 2021 4:41 pm

ok, and is this skilled worker dependent visa a dependant visa on my ILR? (because my earlier Tier 2 visa is replaced by an ILR right?).

If yes, could you pls share the link for this option. I end up getting on FLR-M everytime i lookup.

Thanks
Sandip

I guess you are looking for this link?

https://apply-to-visit-or-stay-in-the-u ... tner_in_uk

You need to assume as if you are skilled worker (previously Tier 2 general) when applying for her dependent extension application and fill the form. Once you start filling online form (don't submit, just keep it as draft until needed), things will be clear for you.