Main Applicant on ILR & Spouse on Tier 2 Dependant

[kpcodes]

I am in a unique situation, and hope someone from the board can help me out.

• 2018 April, my wife moved to India as we decided to have our baby daughter delivered there. At that point, she had just completed 2 years of her Tier 2 dependent visa, and had a year left.

• 2018 May, I got my ILR

• 2018 Jun, my baby daughter was born

• 2018 Dec, applied for her settlement visa from India, and that application is still in process.

• My initial plan was to bring them both over as soon as my daughters visa gets processed, and apply for my wife's visa extension from the UK. That plan appears to be more and more unlikely as we literally have just a month before my wife's visa expires.

Now, the questions:

• Can we apply for Tier 2 Extension from India, or the person have to be in UK? If not, what other options - FLR M?

• Do I need the CoS from the employer given I am on ILR now, though applying on extension based on previous setup?

• Assuming we go for Tier 2 Extension, how is the approx. 1 year gap of not being present in the UK seen when applying for ILR 2 years down the line?

• Given the huge delay, I am also doubting the visa type I went for with my daughters' application. Is the settlement visa the correct one?

Thanks a lot in advance.

[CR001]

Did you apply only for the child settlement visa or for your spouse as well?

When did or does her PBS dependent visa expire?

If your wife still holds a valid pbs dependent visa, the child's settlement visa will probably be refused.

Pity the child wasn't born in the UK,would have saved you a lot of money as child would have been automatically British and could have applied for a British passport directly.

[kpcodes]

The settlement application I made in December is only for my daughter.
When you say refused, do you mean I chose the wrong visa category?

[CR001]

Yes you chose the wrong category for the child. If the mother holds a PBS dependent visa, then that is what the child should have applied for. If you apply for a Settlment visa, the child and mother must both apply.

[kpcodes]

Are you sure? This scares me now.

I am, the child's father, is on ILR. Does the requirement say both parents need to be on ILR?

[kpcodes]

Also, if I have gone for the wrong visa type, what happens now?

[CR001]

The child must apply for the same visa cayegory the mother holds or the mother and child must both be applying for the same settlement visa.

Probably likely that the child visa will be refused. There have been members that did this and got refused due to the mother not applying at the same time as cv old.

I did ask the question about when your wife's pbs visa expires but you have not answered the question.

[kpcodes]

Thanks for your prompt responses. My wife's visa expires on the 11th of April (31 days more). That's her first visa though, so still not eligible for ILR. From what I read, she can either go for Tier 2 Dependent Extension or ILR dependent.

Can I please know what are my options here, and the best way forward?