ILR for Tier-2 general dependent

[mkarr]

Hi,

Good morning every one. Please kindly help with my query:

- My wife entered in UK as Tier-2 (general) dependent along with my elder kid born out of UK in May-2014 and left UK in Aug-2014 due to her health reasons. But VISA is valid till Jan-2016

- Next entered again in UK with the above VISA in Apr-2015. she spent more than 8 months outside UK hence her stay in UK time got a reset. But from Apr-2015 she is in UK for continuous period.

- We have renewed my wife and my elder kid on Tier-2 (general) dependent in Jan-2016.

- Meanwhile, I have received my ILR in April-2018 but both of them were not qualified along with me as they did not complete 5 years continuous residence.

- Again, in Dec-2018, this time we have renewed my wife and my elder kid on ILR dependent, instead of Tier-2 (general) dependent. not sure at that time what to do but took help from immigration board too.
Link: indefinite-leave-to-remain/dependent-ch ... 65323.html

- Now by March-2020, both my wife and elder kid are completing 5 years continuous residence, which route should I apply them for ILR?.. lot of confusion due to the amount of information in GOV.UK website.

- Meanwhile, myself and my younger kid who is UK born, both received British citizenship.

Can you please help?

Regards,
Mohan

[CR001]

- Next entered again in UK with the above VISA in Apr-2015. she spent more than 8 months outside UK hence her stay in UK time got a reset. But from Apr-2015 she is in UK for continuous period.

No it did not. There is no absence limit for visas issued before 11 January 2018.

- Meanwhile, I have received my ILR in April-2018 but both of them were not qualified along with me as they did not complete 5 years continuous residence.

What date were their original Dependent visas ISSUED? Presumably in early 2014, which means they could have applied for ILR earlier this year already.

- Again, in Dec-2018, this time we have renewed my wife and my elder kid on ILR dependent, instead of Tier-2 (general) dependent. not sure at that time what to do but took help from immigration board too.
Link: indefinite-leave-to-remain/dependent-ch ... 65323.html

If you switched their visa category to FLR(M) visa, then you have reset their 5 year ILR clock to zero and they have to wait 5 years on FLR(M) visa. You should have extended their PBS Dependent visas.

- Now by March-2020, both my wife and elder kid are completing 5 years continuous residence, which route should I apply them for ILR?.. lot of confusion due to the amount of information in GOV.UK website.

They need 5 years as PBS Dependents OR 5 years on FLR(M). You cannot combine the two visas to make up 5 years for ILR.

[mkarr]

Hi,

Thanks a lot for the reply. so kind of you.

What should I do now? I am really hopeless. Below are the more specific details. Meanwhile, myself and my younger kid born in UK, received BRITISH citizenship. can this be any help for their ILR process. I DO NOT want to wait for another 5 years for their ILR and more over I have to spend money for another ILR extension nevertheless. Please suggest me how to get out of this situation.

VISA-1:
start date: 09-Apr-14 09-Apr-14
end date: 16-Jan-16 16-Jan-16
Category: Tier-2 partner Tier-2 Child

VISA-2:
start date 11-Dec-15 11-Dec-15
end date 02-Jan-19 02-Jan-19
Category PBS dependent Leave to remain PBS dependent Leave to remain

VISA-3:
start date 20-Aug-19 20-Aug-19
end date 19-Feb-22 19-Feb-22
Category Spouse/partner Leave to remain Dependent Leave to remain

Regards,
Mohan

[CR001]

What should I do now? I am really hopeless. Below are the more specific details. Meanwhile, myself and my younger kid born in UK, received BRITISH citizenship. can this be any help for their ILR process.

Your Citizenship is irrelevant to your dependents.

I DO NOT want to wait for another 5 years for their ILR and more over I have to spend money for another ILR extension nevertheless. Please suggest me how to get out of this situation.

As you switched their visa category to FLR(M) under Immigration Rules Appendix FM and not a PBS Dependent extension under Immigration Rules Part 8, there is nothing you can do now as far as I am aware. Their 5 year ILR clock was reset and they will need 5 years on their current visa before they qualify for ILR, unless they reach 10 years long residence route for ILR first.

[mkarr]

Hi,

Thanks a lot for the quick turnaround. what a mess it has been. There is no check or notification from the case officer to reject (may be a possible rejection) my previous application, I would have lost money but would have saved time. I must curse myself but no other option.

Thanks
Mohan

[CR001]

Not sure what application rejection you are talking about. If you applied for FLR(M), why would HO refused or reject it because it is the wrong route. It is the applicants responsibility to make the correct application.

Had you apply for a 3 year PBS Dependent extension, there is no reason it would not have been granted and they would have already been able to apply for ILR earlier this year.