Tier 2 dependent's ILR application if the main applicant gets ILR via 10 year route

Hi,

I came to the UK in March 2012 as a Tier 4 student. Now I hold a Tier 2 visa which is valid until May 2023 (after an extension when I switched to a new job in October 2020). My wife joined me in the UK as a Tier 2 dependent in November 2017. Her Tier 2 dependent visa was also extended until May 2023 when I switched my job in October 2020. Now we are expecting a child in April 2022.

I am intending to apply for ILR via 10 year route on March 2022 (so that our new born child in the UK will be eligible for direct British citizenship). My wife is intending to apply for ILR on November 2022 via 5 year route in Tier 2 dependent visa. I would be thankful, if you could clarify my following doubts.

1) Will our child automatically be a British citizen if I only (i.e. one of the parents) got ILR in March 2022 (via 10 year route), before our child is born?
2) Should my wife has to switch to Family visa if I apply for ILR via 10 year route in March 2022, even though her Tier 2 dependent visa is valid until May 2023?
3) Will my wife be eligible for ILR in November 2022 via 5 year route in Tier 2 dependent visa (without the need for switching to Family visa) if I will obtain ILR via 10 year route in March 2022?
(I heard that a Tier 2 dependent has to switch to Family visa if the main applicant obtains ILR via 10 year route).
4) My wife stayed outside the UK to study and to get a work experience from January 2019 to March 2020 for about 15 months. In my understanding the 180 days absence rule for dependents as well was introduced in January 2018. Please note that my wife stayed outside the UK for more than 180 days (January 2019 to March 2020) when she was in the Tier 2 dependent visa issued on November 2017 which is prior to January 2018 (i.e. before the 180 days absence rule was imposed for dependents as well). My question is, will my wife's ILR application (via 5 year dependent route in November 2022) be rejected because she stayed more than 180 days outside the UK in the aforementioned circumstances?

Thanks in advance.

1. Your child will only be automatically British if born after you are granted ilr and brp card.

2. She should apply sooner rather than later, especially if she intends traveling out of the UK.

3. Your wife cannot apply for ilr based on tier 2 dependent if you get ilr based on long residence. She must switch her visa to FLR M and meet the English and financial requirements. Her 5 year ilr clock will reset to zero.

4. Irrelevant as she won't qualify for ilr based in tier 2 dependent.

Hi,

Thank you so much for your prompt reply.

In this case I am considering to apply for my ILR in 5 year Tier 2 route in April 2022 (because I was granted Tier 2 visa in my previous job in May 2017), and then register our child as a British Citizen (if born after I get ILR).

In this case, my wife should be able to apply for ILR as a Tier 2 dependent in November 2022. However I am confused with the 180 days absence rule. Could you please answer for my question (4).
"4) My wife stayed outside the UK to study and to get a work experience from January 2019 to March 2020 for about 15 months. In my understanding the 180 days absence rule for dependents as well was introduced in January 2018. Please note that my wife stayed outside the UK for more than 180 days (January 2019 to March 2020) when she was in the Tier 2 dependent visa issued on November 2017 which is prior to January 2018 (i.e. before the 180 days absence rule was imposed for dependents as well). My question is, will my wife's ILR application (via 5 year dependent route in November 2022) be rejected because she stayed more than 180 days outside the UK in the aforementioned circumstances?"

Thanks again in advance.

The 180 Days absence limit ONLY applies for a visa ISSUED on or AFTER 18th January 2018. If her absence was on a visa issued before this date, her absence is irrelevant.

Thank you very much again for the prompt reply. It was really helpful.

Thank you very much again for the prompt reply. It was really helpful.

Hi again,

Apologies for the late follow-up. I have just come across this confusion after our yesterday's discussion.

I understand that I can register our child as a British National after I get ILR in May 2022. This would be around 1 to 2 months after our child is born.

But I could not find any Immigration Rule which provides an exemption from applying a Tier 2 dependent visa for our child, before I get ILR. Could you please point towards this exemption?

I find the following clause which indicates that I have to apply for a Tier 2 dependent visa for my child (even born in the UK) before I get ILR.
319H. Requirements for entry clearance or leave to remain
(k) If the applicant is a child born in the UK to a Relevant Points Based System migrant or Appendix W Worker and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

Thanks again,

There is no such exemption rule. However, a UK born child does NOT require a valid visa to be able to apply to register as British. They have an entitlement to register as British. Also note that simply submitting an application to register as British does not give the child any legal immigration status,the child will still be a non British child with no valid visa until they are approved as British and receive their Registration certificate.

This is separate to the fact that a UK born child can only receive free NHS treatment for the first 3 months after birth. It is then chargeable at 150% of NHS cost.

Thank you very much, again for a prompt reply. And for all clarifications.

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