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ILR application and dependent visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Waseem432000
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ILR application and dependent visa

Post by Waseem432000 » Mon Jan 16, 2023 7:04 pm

Hi everyone,

a few queries related to ILR and dependent visa. I can understand that my spouse will need another 3 years dependent visa plus IHS even though she will be 7 months short when I qualify for ILR in a few months but a bit confused about when we can apply.

1. Does the dependent have to apply for a visa extension with the main applicant's ILR application or can they apply when/if ILR is approved for the main applicant? What should be the visa category if the dependent can apply for a visa extension after the main application has got their ILR? Skilled immigrant dependent or ILR dependent?
2. Can UK-born children apply for British citizenship with the main applicant's ILR application or after the main applicant's ILR is approved?
3. If the main applicant has to apply for ILR, dependent visa for spouse, and British citizenship for children together, can the ILR application be marked as a priority and all others as normal applications?

Just planning about the costs and trying to see if I can delay the children's application for a few months down the line.

secret.simon
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Re: ILR application and dependent visa

Post by secret.simon » Tue Jan 17, 2023 9:46 am

Waseem432000 wrote:
Mon Jan 16, 2023 7:04 pm
1. Does the dependent have to apply for a visa extension with the main applicant's ILR application or can they apply when/if ILR is approved for the main applicant? What should be the visa category if the dependent can apply for a visa extension after the main application has got their ILR? Skilled immigrant dependent or ILR dependent?
The answer to those questions depends on whether the main applicant is applying for IL based on the 5 year Skilled Worker route or the 10 year Long Residence route.
Waseem432000 wrote:
Mon Jan 16, 2023 7:04 pm
2. Can UK-born children apply for British citizenship with the main applicant's ILR application or after the main applicant's ILR is approved?
After the main applicant's ILR is approved.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Waseem432000
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Re: ILR application and dependent visa

Post by Waseem432000 » Tue Jan 17, 2023 1:30 pm

The answer to those questions depends on whether the main applicant is applying for IL based on the 5 year Skilled Worker route or the 10 year Long Residence route
5 years Tier 2/ Skilled worker route.
After the main applicant's ILR is approved.
Thanks. That helps a lot.

meself2
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Re: ILR application and dependent visa

Post by meself2 » Tue Jan 17, 2023 1:38 pm

Waseem432000 wrote:
Tue Jan 17, 2023 1:30 pm
5 years Tier 2/ Skilled worker route.
They should apply as a skilled worker dependent (PBS dependent) then; they can do so as you got your ILR through that route.
If they apply via spouse/child of ILR holder route, their ILR clock will reset.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Waseem432000
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Re: ILR application and dependent visa

Post by Waseem432000 » Tue Jan 17, 2023 5:35 pm

They should apply as a skilled worker dependent (PBS dependent) then; they can do so as you got your ILR through that route.
If they apply via spouse/child of ILR holder route, their ILR clock will reset.
thanks. That's what I thought as well, especially the reset of the clock aspect.

One question related to this. Can the dependent apply for the skilled worker dependent visa when the main applicant applies for the ILR or can that be delayed for a week or so the main applicant can get their application processed with priority? Reading some other threads here, I can understand their application won't even be considered unless the main applicant gets a favorable decision on their application (ILR application in this case).

AmazonianX
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Re: ILR application and dependent visa

Post by AmazonianX » Wed Jan 18, 2023 10:58 am

Waseem432000 wrote:
Tue Jan 17, 2023 5:35 pm
They should apply as a skilled worker dependent (PBS dependent) then; they can do so as you got your ILR through that route.
If they apply via spouse/child of ILR holder route, their ILR clock will reset.
thanks. That's what I thought as well, especially the reset of the clock aspect.

One question related to this. Can the dependent apply for the skilled worker dependent visa when the main applicant applies for the ILR or can that be delayed for a week or so the main applicant can get their application processed with priority? Reading some other threads here, I can understand their application won't even be considered unless the main applicant gets a favorable decision on their application (ILR application in this case).
As you rightly put its either 1. Apply after the main applicant gets decision or 2. Apply along with main applicant though dependent application will only be attended to after main application is decided. The choice is yours to make.

Waseem432000
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Re: ILR application and dependent visa

Post by Waseem432000 » Sat Jan 21, 2023 11:58 pm

Thanks for clarifying this.

Waseem432000
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Re: ILR application and dependent visa

Post by Waseem432000 » Mon May 08, 2023 9:44 pm

Hi everyone,

I thought it would made sense to ask a question on my old thread as it has the context instead of starting a new thread.

As kindly advised above, I plan to apply for my ILR and my spouse visa’s extension and wanted to delay registering my UK born children via MN1 a bit later in the year but I have just realised that I totally forgot about the visa expiry for my elder daughter as she is also on my dependent visa and her visa expires in early august. Does that mean I will have to make her MN1 application before her visa expiry to ensure she isn’t considered overstayer? I may be mixing things but I thought I can only register her via MN1 after I get my ILR sorted but can I make the application while my ILR is in process and her application will be picked up after my ILR decision?

Waseem432000
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Re: ILR application and dependent visa

Post by Waseem432000 » Thu May 11, 2023 5:55 pm

Just in case someone else stumbles upon this thread, I found a really old blog post related to my last question.

In short, my elder daughter will technically be considered overstayer if I don’t apply for her leave before her current one expires( younger one doesn’t have any leave so she won’t be) but apparently that won’t have any bearing on her MN1 registration as it doesn’t require a valid leave to apply.

indefinite-leave-to-remain/will-my-uk-b ... 61909.html

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