Dependent status after main applicant switched to ILR

I am currently on Tier 2 General visa which is valid until Jan 2023. My wife and daughter is on my T2 general dependent visa having the similar validity, which is until Jan 2023.

My 10 years is getting completed this December 2021 and I am planning to apply for ILR on 10 years route this Dec. Now my question are:

1. Once my ILR is approved this December, do I need to switch my wife and daughter visa who is on T2 dependent visa currently, as my visa category will change.

2. If not in the above case then, what if I switch my company to start working for other company after my ILR and since I will not have any visa restriction after ILR, will her T2 dependent visa still be valid until the validity period ends?

I will be very thankful if guide me in the right direction.

1. Once my ILR is approved this December, do I need to switch my wife and daughter visa who is on T2 dependent visa currently, as my visa category will change.

They need to switch to FLR(M) spouse/child visa and your spouse must meet the English requirement and the £22,400pa financial requirement. Their 5 year ILR clock will reset to zero.

2. If not in the above case then, what if I switch my company to start working for other company after my ILR and since I will not have any visa restriction after ILR, will her T2 dependent visa still be valid until the validity period ends?

They are dependent on YOU not your Tier 2 sponsor. You changing employers is irrelevant.

CR001 wrote: ↑

Fri Oct 15, 2021 4:10 pm

They need to switch to FLR(M) spouse/child visa and your spouse must meet the English requirement and the £22,400pa financial requirement. Their 5 year ILR clock will reset to zero

Provided you and your dependants become eligible for ILR on the 5 year route in Jan 2023 consider the pros and cons of delaying your (and their) ILR application until Dec 2022.

Many thanks manci and CR001 for your response.

Considering the other dependencies I can’t afford to delay my ILR, I have to apply this December only but if I need to switch my dependent visa also then I want to understand what are the timelines for making the FLR(M) visa application.

Regarding Spouse visa application: Do I need to apply FLR(M) for my wife simultaneously with my ILR application. As I have 2 doubts,

• 1. If after my ILR her current visa is not legal then both applications have to be submitted simultaneously but

• 2. If my ILR is not approved yet (i.e. before making the application) on what ground I make FLR(M) application for my dependent.

Is there any defined timelines during which I need to apply FLR(M) for my wife after my ILR is approved?

Regarding my daughter: She is born in UK and currently 5.5 years. I also hold Indian passport but as she is born here and after my ILR she is eligible for Passport after Naturalisation. Please correct me if my understand is not correct. If my understanding is correct then what is the timeline I have to apply for Naturalization/British Passport for my daughter after my ILR

As their leave are valid until 2023, it’s likely that you may be granted ILR under Long residence before their leave expires. Hence, Immediately after you are granted ILR:

Your wife may switch to FLR(M).
Your UK born child will be entitled to register for British citizenship.

However, under this route, your wife may have to make at least three applications 2 x FLR(M) and SET(M) before being granted ILR, unless she too is eligible for ILR under Long residence sooner.

Many thanks vinny for your response.

Just one last question, immediately after my ILR I need to make application for my dependent FLR(M) but it there any time limit in respect of number of days.
I'm expected to get my ILR by mid of Dec, can I make her FLR(M) application in Jan or I have to do it in Dec only.

Switch before expiry of leave or curtailment or travel.

Many thanks vinny. Really appreciate your support.

Dose it mean that if she don't travel then she can continue on her existing visa until expire which is Jan 2023?
I'm asking this because, as dependent she will complete 7 years in next couple of month. FLR(M) is of 2.5 years, so if she delay her application until Jan 2023 then with 1 FLR(M) visa she will complete her 10 years.

Please correct me if this is not feasible as per the rules?

HarisM wrote: ↑

Mon Oct 18, 2021 7:31 am

Many thanks vinny. Really appreciate your support.

Dose it mean that if she don't travel then she can continue on her existing visa until expire which is Jan 2023?
I'm asking this because, as dependent she will complete 7 years in next couple of month. FLR(M) is of 2.5 years, so if she delay her application until Jan 2023 then with 1 FLR(M) visa she will complete her 10 years.

Please correct me if this is not feasible as per the rules?

Yes in theory assuming the UKVI will not curtail her leave before then. We always advise on switching as there may be a need to travel in an emergency or if you need to get a new BRP if it is lost. You may face issues in those circumstances

Many thanks zimba and everyone supported me on this thread. You guys are life savior. Don't have enough words to thank you for your guidance.