Immigrationboards.com

Hello,

My query is re getting ILR for myself and my dependents.

Background:
My Tier 2 ICT visa was given on Feb 2011. The name of the visa when issued was "Tier 2 Established Staff". I, my wife and son came to UK from India in Apr2011. I still work for the same company that deputed in UK since 2011. My daughter is born here in UK in 2012. My 10 years in UK is getting completed in Apr'21. My Tier 2 visa is expiring on Mar'20 for which I will be applying for extension through my company. I am aiming to get ILR in 2021 once the Tider 2 visa is renewed. I and my dependents have never been outside UK more than 180 days in a single strech during my stay in UK. Kids are studying here in the UK and was never been in schooling
India

The questions I have are -

- Am I and my dependents are eligible for ILR when I apply in May'21?

- If I get the ILR for ONLY myself (considering the cost involved), can my wife and kids continue on the Tier 2 dependent visa until it expires or will their dependant visa become invalid once I get my ILR, in which case i need to either get an ILR for them or get dependent visas so that they can continue to stay with me.

If i am not eligible for ILR, what are my options please?

Thank you.

- Am I and my dependents are eligible for ILR when I apply in May'21?

Under long residence only, assuming you meet the absence criteria

- If I get the ILR for ONLY myself (considering the cost involved), can my wife and kids continue on the Tier 2 dependent visa until it expires or will their dependant visa become invalid once I get my ILR, in which case i need to either get an ILR for them or get dependent visas so that they can continue to stay with me.

Under long residence, you can only apply on your own. Each applicant must apply on their own. Your dependants can stay under PBS visa but UKVI may curtail their visa or refuse to re-enter the UK if they travel abroad. They are expected to switch to the family route when you settle under the long residence. Obviously, it would be better for them to stay in the UK until April 2021 when they can apply for SET(LR)

Thank you very much. Understood the point that

Re the dependants continuing in Tier 2 dependant visa in UK after I get my ILR :

1. Will they be seen as staying illegally by home office?
2. When they leave the Uk when they are in dependant visa, will the UK border mark anything in their passports as "not in the right visa category" or anything of that type of comment
3. When I decide to change their visa status while they are in the UK (from Tier 2 dependent to family/dependent) will I be questioned on why they were still in different category Dependant visa and will this create any problem?

In short, is it leagally allowed for the dependents to continue in Tider 2 visa after i change my visa status to ILR?

Many thanks.

mishyrunner wrote: ↑

Fri Oct 02, 2020 5:38 pm

Thank you very much. Understood the point that

Re the dependants continuing in Tier 2 dependant visa in UK after I get my ILR :

1. Will they be seen as staying illegally by home office?
2. When they leave the Uk when they are in dependant visa, will the UK border mark anything in their passports as "not in the right visa category" or anything of that type
3. When I decide to change their visa status while they are in the UK (from Tier 2 dependent to family/dependent) will I be questioned on why they were still in different category Dependant visa and will this create any problem?

In short, is it leagally allowed for the dependents to continue in Tider 2 visa after i change my visa status to ILR?

Many thanks.

Read the reply from zimba.

They are in a grey area because though having valid leave are supposed to switch.
If possible under no circumstances should they travel or else their admissibility for re entry into UK not guaranteed.

mishyrunner wrote: ↑

Fri Oct 02, 2020 5:38 pm

Thank you very much. Understood the point that

Re the dependants continuing in Tier 2 dependant visa in UK after I get my ILR :

1. Will they be seen as staying illegally by home office?
2. When they leave the Uk when they are in dependant visa, will the UK border mark anything in their passports as "not in the right visa category" or anything of that type of comment
3. When I decide to change their visa status while they are in the UK (from Tier 2 dependent to family/dependent) will I be questioned on why they were still in different category Dependant visa and will this create any problem?

In short, is it leagally allowed for the dependents to continue in Tider 2 visa after i change my visa status to ILR?

Many thanks.

There is no legal issue. Their visas remain valid, however they are expected to switch because they are no longer PBS dependants. That is why I suggested that they can stay until April and apply for ILR directly