ILR Eligible or do we need to file for extension ?

Hi ,

Can you please advise on the below scenario?

Question :- Do we (all 3 members) need to file for extension or can we (all 3 members) as a family apply for ILR?

Our Scenario:-

Wife :- Main applicant
Visa :- Tier 2 General
Visa Issue date :- 1st July 2018
Valid until :- 1st July 2023 (Completes 5years)

Husband:- PBS dependant
Visa :- Tier 2 General
Visa Issue date :- 12th dec 2018
Valid until :- 1st July 2023 (completes 4 years 7 months)

Son :- Dependant child
Visa :- Tier 2 General
Born:- 12th July 2021 in UK
Visa Issued :- 18th March 2022
Valid until :- 1st July 2023

Thanks in advance

Your dependents only qualify for ILR within 28 days before the 5th anniversary of their initial visa issue date.

Dependents will need an extension. It will be a 3 year extension.

Thank you , so my husband for sure needs an extension as he is short by 5 months for his 5 year completion. but our child is born in UK and does he still need to complete 5 year term to be eligible for ilr ?

Your husband will get a 3 year extension. You cannot apply for an extension for a shorter timeframe.

Your child born in the UK does NOT require ILR. Once you have ILR, you can apply to register the child as British on form MN1. UK born children have an entitlement to register as British once either parents gets ILR.

Thank you , one last question.

As stated above I will be able to file ILR from June 4rd 2023 (28 days before visa expires). What if , I apply ILR on priority Visa and receive decision by end of June 2023 and can I apply for ILR Dependant for my husband?

If yes, will Husbands PBS dependant time + Husbands ILR dependant time add up to his ILR?

SHK8180 wrote: ↑

Wed Jan 04, 2023 11:32 pm

Thank you , one last question.

As stated above I will be able to file ILR from June 4rd 2023 (28 days before visa expires). What if , I apply ILR on priority Visa and receive decision by end of June 2023 and can I apply for ILR Dependant for my husband?

If yes, will Husbands PBS dependant time + Husbands ILR dependant time add up to his ILR?

What exactly do you mean by "ILR dependent"?

If you want to apply for a family dependent visa, it will reset your husband's ILR clock. Don't do that.
You can apply for a PBS dependent visa for him if you have ILR as you got your ILR via Tier 2 route. As stated, it'll be a 3 year extension.

Thank you for the details, I wasn’t aware the clock will reset if we change the visa category.

So, i can go ahead with ILR application starting June 3rd 2023 and in parallel need to request for 3 year extension to support by husbands application rite ?