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ILR for Tier2 Dependents
Posted: Thu Jul 23, 2020 11:46 pm
by jeevan264
Hi,
My wife and 2 children are on tier 2 dependent visa which is due to expire on 13th Aug. i wasn't aware that test centres for Life in the UK and English language were reopened after lock down, we are left with hardly 3 weeks now, what are my options if we can't get the tests done on time? i don't find slots available for LIUK test. Also not sure if i will have enough time to get the certificates, do we need certificates for both?
1. is home office doing any extensions due to Covid?
2. if not can i extend my wife's tier 2 dependent for 1 more year?
3. My elder son was born outside UK and completed 5 yrs on Tier 2 Dependent along with my wife - can i apply his ILR without applying for my wife, if i can extend my wife's visa with options 1 or 2?
4. My younger one was born here and i am on ILR, so am i good to apply for his citizenship?
All the three visas are expiring on 13th Aug, what would be my best option, any help appreciated.
Thanks
Re: ILR for Tier2 Dependents
Posted: Fri Jul 24, 2020 12:02 am
by CULLINAN
jeevan264 wrote: ↑Thu Jul 23, 2020 11:46 pm
Hi,
My wife and 2 children are on tier 2 dependent visa which is due to expire on 13th Aug. i wasn't aware that test centres for Life in the UK and English language were reopened after lock down, we are left with hardly 3 weeks now, what are my options if we can't get the tests done on time? i don't find slots available for LIUK test. Also not sure if i will have enough time to get the certificates, do we need certificates for both?
1. is home office doing any extensions due to Covid?
2. if not can i extend my wife's tier 2 dependent for 1 more year?
3. My elder son was born outside UK and completed 5 yrs on Tier 2 Dependent along with my wife - can i apply his ILR without applying for my wife, if i can extend my wife's visa with options 1 or 2?
4. My younger one was born here and i am on ILR, so am i good to apply for his citizenship?
All the three visas are expiring on 13th Aug, what would be my best option, any help appreciated.
Thanks
1) These days its taking longer than usual to complete the process. I would advise you to apply for your wife and son (born abroad) before the visa expiry lets say on the 12th Aug. The date you pay and submit is the date of application. Then you have to book your biometrics within 2 months time OR now the UKVI has launched a new policy of reusing biometrics. Try your best to book LIUK and the English test asap. If you are not done till 12th August, apply anyways adding a cover letter. Due to corona HO will not penalise you for that.
p.s MUST apply before visa expiry.
2) No, you will have to apply for your son born abroad together with the mother.
4) No need to apply anything for child born in UK. You have ILR so you can register the child as BC via MN1 form. Visa expiry will have no effect on child’s eligibility to be registered as a BC.
Re: ILR for Tier2 Dependents
Posted: Fri Jul 24, 2020 12:10 am
by CULLINAN
Since you have a child involved most probably, your wife will not get an option to reuse the biometrics and will have to attend the biometrics appointment along with the child. These days biometrics appointments are taking a while anyways due to phased reopening. In normal circumstances you have to book within 2 months but it can even take longer than that and you will NOT be penalised for the delay caused by corona. You will have good enough time to complete both LIUK and English test. Look for other locations if you are flexible to travel etc.
Just add a cover letter and upload with your documents explaining your next steps for both the tests but apply before the current expiry date.
Re: ILR for Tier2 Dependents
Posted: Fri Jul 24, 2020 8:37 am
by jeevan264
Thanks for the prompt reply, much appreciated.
Based on what you said and referring to HO guidelines, assuming my wife and son has to attend Biometric, but bit confused about the 2 months, is that standard HO guideline that they have to attend within 2 months which can take longer in the current situation? I had my ILR in Jan, I wasn’t aware of it. RE Tests, refereed to my old ILR application, the details of these English Lang and LIUK are required before submission, so not sure what to add there if she can’t get those before 13th if I am going to submit before date of expiration. But if I submit by 12th, is that enough to stay legally until we get the decision?
RE child born in UK, do I need to start the process before visa expires or can I do it once these 2 are sorted.
Thanks again.
Re: ILR for Tier2 Dependents
Posted: Fri Jul 24, 2020 10:26 am
by CULLINAN
jeevan264 wrote: ↑Fri Jul 24, 2020 8:37 am
Thanks for the prompt reply, much appreciated.
Based on what you said and referring to HO guidelines, assuming my wife and son has to attend Biometric, but bit confused about the 2 months, is that standard HO guideline that they have to attend within 2 months which can take longer in the current situation? I had my ILR in Jan, I wasn’t aware of it. RE Tests, refereed to my old ILR application, the details of these English Lang and LIUK are required before submission, so not sure what to add there if she can’t get those before 13th if I am going to submit before date of expiration. But if I submit by 12th, is that enough to stay legally until we get the decision?
RE child born in UK, do I need to start the process before visa expires or can I do it once these 2 are sorted.
Thanks again.
The date of application is the date you pay and submit. Yes the standard to book an appointment (even pre-covid) is up to 2 months. But it may take longer now.
Your application is not processed until you attend your biometrics appointment.
Your documents are verified at the appointment and then forwarded to UKVI.
You should book your appointment after you have passed both the tests but still must apply before expiry.
Add a cover letter along with your documents explaining about the tests and corona delay. You will not be penalised.
You can still apply online.
You will be covered by Section3c after you apply. So lets say you applied on 12th Aug, your previous visa conditions will continue till a decision is made.
Child born in UK visa expiry has nothing to do with him being registered as a BC so you can do that later also.
Re: ILR for Tier2 Dependents
Posted: Fri Jul 24, 2020 10:33 am
by CULLINAN
Re: ILR for Tier2 Dependents
Posted: Tue Aug 11, 2020 5:15 pm
by jeevan264
Hi Cullinan,
Question on the child born in UK before i got my ILR, in the below link it says we should apply for BC using MN1 form before his current visa expires?
https://www.whatdotheyknow.com/request/ ... as_permiss
Re: ILR for Tier2 Dependents
Posted: Tue Aug 11, 2020 5:36 pm
by CR001
A UK born child does not need a valid visa to register as British. They have an entitlement to register as British.
Note also that as the visa expires in two days, applying for citizenship doesn't extend the visa status under section 3C, which only applies to immigration applications. Citizenship is not an immigration application. Again, the child doesn't need valid visa to apply on mn1.
Re: ILR for Tier2 Dependents
Posted: Wed Aug 12, 2020 11:58 am
by jeevan264
Hi,
Thanks for the response, called the home office customer care and their response is bit more worrying, he suggested me to extend my son’s Tier2 dependents visa, otherwise he will be considered as overstayer after the visa expires, even if I submit his citizenship application.
Thanks
Re: ILR for Tier2 Dependents
Posted: Wed Aug 12, 2020 12:51 pm
by CR001
The call centre is outsourced to a third party agency. You are not speaking directly to UKVI staff or caseworkers. The call centre frequently gives out incorrect information.
You do NOT need to extend the childs visa. A UK born child does NOT need ILR or a valid visa to register as British. They have an entitlement to register (i.e. cannot be refused).
The issue you might has is that NHS won't be free once the visa expires and will be billed at 150% of cost.
SELT b1 exam results
Posted: Wed Aug 12, 2020 1:31 pm
by jeevan264
Hi,
My wife has given her b1 exam on Saturday, they didn’t give her results immediately, Results are not available even after 4 days. I gave my exam in January time and they told my results immediately, any idea if the process has changed recently due to Covid? We are about to submit her ILR application today but in a confusion which route to score her English language requirement.
Thanks
Re: SELT b1 exam results
Posted: Wed Aug 12, 2020 2:01 pm
by CULLINAN
jeevan264 wrote: ↑Wed Aug 12, 2020 1:31 pm
Hi,
My wife has given her b1 exam on Saturday, they didn’t give her results immediately, Results are not available even after 4 days. I gave my exam in January time and they told my results immediately, any idea if the process has changed recently due to Covid? We are about to submit her ILR application today but in a confusion which route to score her English language requirement.
Thanks
Since your wife’s visa is expiring tomorrow you must apply before the visa expiry.
I would urge you to apply today and not worry about the results. You will not be penalised for the delay due to corona.
Just apply as normal. Tick as normal for the B1 route.
You can explain this in the cover letter. Attach the B1 SELT certificate with your documents before your biometrics/submitting your documents to UKVCAS/IDV app whatever your circumstance is. Nothing to worry.
Re: SELT b1 exam results
Posted: Wed Aug 12, 2020 5:36 pm
by AmazonianX
jeevan264 wrote: ↑Wed Aug 12, 2020 1:31 pm
Hi,
My wife has given her b1 exam on Saturday, they didn’t give her results immediately, Results are not available even after 4 days. I gave my exam in January time and they told my results immediately, any idea if the process has changed recently due to Covid? We are about to submit her ILR application today but in a confusion which route to score her English language requirement.
Thanks
Pre Covid-19, the certificate is not issued immediately, you may be told verbally of passing but certificate will be sent out in the post - this info is given to the applicant at time of inquiry or booking the exam. Don't let her visa expire!!! Submit the application as it is and tend to the B1 result duly.
Re: SELT b1 exam results
Posted: Wed Aug 12, 2020 9:32 pm
by jeevan264
Thanks for the response.
Question regarding referees for UK born child BC registration, we can’t get the reference from the list given who are in professional capacity with the applicant.
He is 3 yrs old, so don’t go to school, so teacher is not option, GP said can’t give.
Friend of mine is a physiotherapist in NHS hospital, non-British, is that ok to give him as referee.
Second one I am giving my colleague/friend reference who is British citizen.
Thanks
Re: SELT b1 exam results
Posted: Wed Aug 12, 2020 10:12 pm
by CULLINAN
jeevan264 wrote: ↑Wed Aug 12, 2020 9:32 pm
Thanks for the response.
Question regarding referees for UK born child BC registration, we can’t get the reference from the list given who are in professional capacity with the applicant.
He is 3 yrs old, so don’t go to school, so teacher is not option, GP said can’t give.
Friend of mine is a physiotherapist in NHS hospital, non-British, is that ok to give him as referee.
Second one I am giving my colleague/friend reference who is British citizen.
Thanks
You should start a new topic in the BC forum for MN1 related queries as it will create confusion in this topic.
HO is not strict when it comes to referees in a young child’ case.
Add a cover letter and explain the situation plus GP denied.
Send in the reference from the physiotherapist. It should be okay.
HO will write to you if any more references are needed but most likely not.
