Can I apply for a ILR, while waiting for a decision for another visa.

[Stans11]

Dear forum member,

I hope all of you are doing well and safe. I would like to know about my current situation. I came in the UK as a Tier 4 student and received my ILR in November 2019. My family members are still on Tier 4 dependent visa. Their visas are valid till October 2020. I am just wondering what is gonna happen to my family members' tier 4 dependent visas? As soon as I received my ILR, I applied for my spouse and children via a family route in November 2019. Unfortunately, we have not received the visa and its decision. Today, I sent my ILR to my university. They sent this : "I have now updated your record and withdrawn our sponsorship of your Tier 4 visa as we are required to do by the Home Office". I am keeping my Tier 4 visa terms and conditions up to now. I am just wondering whether my dependents' Tier 4 visas are still valid till October 2020.


I would like to thank you very much for your attention.

Kind regards,

[CR001]

Presumably you got ILR based on 10 years long residence.

Nothing will happen to their tier 4 dependent visas, especially as you have applied for the FLR visa already. Their existing visa conditions continue until HO makes a decision on their FLR application you submitted last year.

[Stans11]

Dear gurus and forum members,

I came in the UK as tier 4 student. In November 2019, I received my ILR after long residence. My spouse and children are on Tier 4 dependent visa, which is valid till October 2020. As soon as I received my ILR in November 2019, I applied for my spouse and children as family members of a settled person. Unfortunately, we have not received any information about their visas. In July 2020, my partner will be eligible for ILR (10 years).
I am just wondering my partner can apply for ILR in July. I do not really know we can receive their visas before July even though I email about their visas to our local MP. I am wondering what is gonna happen to our previous pending visa. Since my partner applied along with our children. If they ignore her pending visa after ILR. My kids have to apply for another family member visa, which will be costly for us.

I would like to thank you very much for your attention in this matter.

Kind regards

[Stans11]

Thank you very much for your help. Yes, I applied based on 10 years of long residence.

[Stans11]

Their gurus,

Can you help with this question please?


We have not received any information about their visas. In July 2020, my partner will be eligible for ILR (10 years). I am just wondering my partner can apply for ILR in July. I do not really know we can receive their visas before July even though I email about their visas to our local MP. I am wondering what is gonna happen to our previous pending visa. Since my partner applied along with our children. If they ignore her pending visa after ILR. My kids have to apply for another family member visa, which will be costly for us.

[zimba]

Yes they can apply if their 10 years is completed by then. This will be a variation of previous visa application

[Stans11]

Thank you Zimba for your reply.


Unfortunately, my kids will not eligible for ILR until 2022. I applied for FLR for my spouse along with our kids.

On the Home Office online application for ILR, it says : "If you have submitted any other applications to the Home Office which have not yet been decided then submitting this application varies those previous applications. This means that only this application, which you are now completing, will now be considered."

My question is what is gonna happen to our kids application for family route if my spouse applies for ILR in July 2020. My kids were not the main applicants for FLR on their own. Do I have to apply for my kids again and pay the money again for their family route?

Thank you for your time.

[zimba]

Children can get ILR if both parents are settled with ILR. They do NOT have to complete a qualifying period
Your spouse will apply for SET(LR) and your children will settle under SET(F)

[Stans11]

Thank you Zimba