Tier 2 Dependent ILR - 5th anniversary

Hi Folks,

I hope you are all well.

I am planning to apply for ILR next month. I have a question about my wife(dependent) and if she can apply with me at the same time or not.

I was on Tier 4 (Sep 2014-Dec 2015), switched to Tier 2 General. BRP issued on 3 Dec 2015- and was extended in Nov 2018., and expires in Dec 2021.

My understanding is that i can apply 28 days before my 5th Anniversary, i.e around 5 Nov 2020.

My wife also switched from Tier 4 Dependent (Sep 2014-Dec 2015) to Tier 2 Dependent. However, her Tier 2 Dependent BRP was issued on 23 Jan 2016. Can she apply with me or she has to wait until 27 Dec 2020? so she can complete her 5th anniversary (28 days earlier).

Also, i would like to confirm that there is no maintenance requirements, i.e i am not required to show funds that were in my account for 90 days, to prove that i can support myself and dependents? Payslips, Bank statements, P60 and a letter from my employer confirming salary details should be sufficient?

Last question, we have a 3.5 years old son, who was born in April 2017, BRP issued in June 2017, we plan to apply for ILR for myself and my wife, and not my son. Once both myself and my wife get issued the ILR, we plan to register my child for citizenship without getting him an ILR. Is this advisable, or do I need to get my son an ILR first?


Apologies for the multiple questions, i highly appreciate your help here.

Many thanks.
Adam

My son was born in the UK*

Your son does NOT require ilr. You can register him as British once either parent is granted ilr.

There is no maintenance funds for ilr.

Wife should be fine to apply with you.

CR001 wrote: ↑

Wed Oct 14, 2020 6:58 am

Your son does NOT require ilr. You can register him as British once either parent is granted ilr.

There is no maintenance funds for ilr.

Fabulous, thanks so much for your kind reply and for taking the time to read through my questions.

CR001 wrote: ↑

Wed Oct 14, 2020 6:58 am

Wife should be fine to apply with you.

Just to confirm regarding my wife, does this mean the 5 years continues period does not apply in her case? I thought the rule is the same for dependent, to be qualified for Settlement after 5 years?

I am just worried that given her Tier 2 BRP was issued a month later after mine was issued, she will need an extra month to complete the 5 years-28 days, which is fine by us she can wait and apply at a later date, i just don't want to risk her applying with me, then get her application refused. How the case worker will look at her 5 years continues period?

My BRP started on 3 Dec 2015, and i am applying on 5 Nov 2020 (5yrs-28 days)

Her BRP started on 23 Jan 2016, and if she is applying with me on 5 Nov 2020, she will only have been under the Tier 2 Dependent visa for 4yrs and 9 months, or am i missing something here?

Your wife should only apply when she qualifies. You can apply first. She can apply later on. Her application will only be accepted if yours is accepted first though.

26th Dec onwards.

What is your wife’s visa expiry date?

CULLINAN wrote: ↑

Wed Oct 14, 2020 10:23 pm

What is your wife’s visa expiry date?

Thanks, it expires in Dec 2021, so plenty of time.