Immigrationboards.com

Posted: **Tue Oct 15, 2019 11:47 am**

Hi
My husband got his ILR (Tier 2 general route) last month. Our daughter (1 year old born in UK) and myself are still on Tier 2 dependent visa which is valid till May 2020.
I am eligible to apply for ILR (will complete 5 years as tier 2 dependent of my husband) next month.

Can someone please answer the below questions
1) Do I need to apply as a
a) partner of a settled person (OR)
b) partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK?

2) Is it is fine to apply for my ILR and wait till mid next year to apply for the British passport of our daughter as we are planning to go to India in December and do not want to get stuck in the process of changing her Passport and getting OCI etc. Can our daughter continue staying here as Tier 2 dependent till May 2020 (her BRP is valid till June 2020) even after my husband and myself are on ILR?

Thanks
Shruti

Posted: **Tue Oct 15, 2019 3:00 pm**

SBali wrote: ↑
Tue Oct 15, 2019 11:47 am
Hi
My husband got his ILR (Tier 2 general route) last month. Our daughter (1 year old born in UK) and myself are still on Tier 2 dependent visa which is valid till May 2020.
I am eligible to apply for ILR (will complete 5 years as tier 2 dependent of my husband) next month.

Can someone please answer the below questions
1) Do I need to apply as a
a) partner of a settled person (OR)
b) partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK?

2) Is it is fine to apply for my ILR and wait till mid next year to apply for the British passport of our daughter as we are planning to go to India in December and do not want to get stuck in the process of changing her Passport and getting OCI etc. Can our daughter continue staying here as Tier 2 dependent till May 2020 (her BRP is valid till June 2020) even after my husband and myself are on ILR?

Thanks
Shruti

1) You will apply on the PBS dependent route via SET(O). If you apply as a partner of a settled person it will reset your clock and you will have to wait another 5 years to qualify for ILR. So make sure you do not make that mistake.

2) Child born in UK does not have to apply for ILR. You can not apply for a British Passport directly for her. You will need to register her as British Citizen after any parent has ILR via MN1. Once thats approved, you can apply for a BC.

3) Yes she can travel on the current BRP till visa expiry.

Posted: **Tue Oct 15, 2019 3:46 pm**

Correction: .......once thats approved you can apply for a BP* (British Passport)

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