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Tier 2 ILR and Dependants

Posted: Thu Mar 22, 2018 11:03 am
by Sreeni83
Dear All

Hope you are well. Finally the month has arrived much awaited for my ILR. Issue is my tier 2- 5 years and 10 years are coming at the same period roughly with a gap of 15 days between one another (Tier 2 eligible from today, 10 years route on 5th April 18). I am confused which one to apply ie, either Tier 2 or 10 years route, but think Tier 2 is better reading through for my wife as well.

I am married and have a son born in the UK. I am from India and my wife is from Georgia (Non EU) and my son currently is stateless as we didn't apply either Indian or Georgian passports yet for my son. The query is regarding whether my wife can apply for her ILR later once my ILR is approved. Prime reason is due to ILR Fees and if we could apply differently, it will help our pockets massively as we could somehow manage with the monthly income over 3 or 4 months gap. Below is the time lines

Myself
Entered UK May 2008 as a student
PSW March 2011
Tier 2 March 2018
Tier 2 expiry Dec 2018

Wife
Came into the UK as Dependent following marriage in January 2010 and been in the UK ever since. Her visa is also expiring at the same time as me in Dec 2018 and she has a Tier 2 Dependent visa. Our son was born in July 2013 and birth was registered in the UK.

Kindly advise if i could apply first in April 18 and once mine is approved whether she could apply for her ILR separately in June or July 18?

Thanks for reading , please advise.

Regards
Sreeni

Re: Tier 2 ILR and Dependants

Posted: Thu Mar 22, 2018 11:07 am
by CR001
If you apply for ILR based on long residence, your wife cannot apply for ILR and will have to apply on FLR(M) and meet the requirements.

If you apply based on Tier 2, she can also apply based on 5 years residence.

She does not have to apply at the same time as you. You can apply and she can apply later as long as it is before her current visa expires.

Fees go up on 6th April.

https://www.gov.uk/government/uploads/s ... _final.pdf

Re: Tier 2 ILR and Dependants

Posted: Thu Mar 22, 2018 11:19 am
by Sreeni83
CR001 - Thank you Very much. Could you kindly guide me to any guidance relating to this? So i can send to my wife and put her at ease. Also could i ask you one more question, When i Apply for my ILR, should i declare my sons details to HO? From what i understand is , i can register him as a citizen provided me or wife gets ILR? Kindly confirm if the info is correct?

Thanks for the Fees update , its additional £92.00 :(

Re: Tier 2 ILR and Dependants

Posted: Thu Mar 22, 2018 11:29 am
by CR001
You can simply write a letter that your will register your UK born son as British on form MN1 under Section 1(3) of the Nationality Act.

Many members have applied first and then applied for their dependents. There is no rule that she must apply with you for ILR. As long as she still has a valid visa to apply at a later date.

immigration-for-family-members/dependan ... 14832.html

immigration-for-family-members/dependan ... 43881.html

Re: Tier 2 ILR and Dependants

Posted: Thu Mar 22, 2018 11:45 am
by Sreeni83
CR001 Thanks so much once again. I will read through from the link. :)

Have a good day

Regards
Sreeni :