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Hi sir/madam

My husband has recently applied for ILR in ten years route and myself and my son are his tier 2 dependents and we have one year to complete our five years in uk. Can we stay in the same visa and apply ILR when we complete our five years though my husband has changed to ILR?


Or


Can my son apply ILR from his father’s ILR and then can I apply for ILR once my son gets ILR as his mother ?


Please guide me in these queries.
Thank you

Unfortunately, you can not apply for ILR as PBS dependent anymore as your husband got ILR via 10 year route.

You will have to switch to FLR(M) now, your ILR clock will reset to zero. You will be able to apply for ILR after 5 years on FLR(M). You will have to meet income requirements also now.

Where is your son born and when?

and when did you first enter UK? What date?

Hi sir / madam

My son was born in India in 2015 February please

Myself and my son entered uk on February 2016

Thank you

You and your son will have to switch to FLR M spouse/child visas. You need to meet the English A1 requirement and the financial requirement of £22,400pa for a minimum if 6 months. Your 5 year ilr clock will reset to zero.

There is no route to ilr based on your current visas and 5 years residence as your spouse got ilr through non PBS route.

Your son will follow the same immigration path as you. There is no shortcut for him or for you to get ilr.

If your husband had applied for ilr based on tier 2, then you would have been able to apply for ilr when you had 5 years residence.

Hi sir / madam

My son was born in India in 2015 February please

Myself and my son entered uk on February 2016

Thank you

Meenal Balaji wrote: ↑

Sun Dec 15, 2019 6:18 pm

Hi sir / madam

My son was born in India in 2015 February please

Myself and my son entered uk on February 2016

Thank you

Why have you posted this again?? It is irrelevant and makes no difference to the fact you both have to switch to another visa route.

Meenal Balaji wrote: ↑

Sun Dec 15, 2019 6:18 pm

Hi sir / madam

My son was born in India in 2015 February please

Myself and my son entered uk on February 2016

Thank you

As per advice above, you both must switch to FLR(M) and begin your 5 year ILR clock from scratch. You cannot get ILR

I just asked where the son is born to make sure the child is not born in UK.
and entry date to see if you qualify for ILR on LR basis earlier or not.

Ignore my questions as its clearer now.

Follow the advice given above by CR001 and Zimba.