Immigrationboards.com

Posted: **Wed Feb 03, 2021 12:09 am**

Dear all

Thanks for helping everyone and keeping the community strong.

I have looked at various forums and managed to get part answers for my immigration Qs but would appreciate if I can have a complete answer to decide on my next steps.

1. I entered the UK on 23 Aug, 2013 as a PBS dependent and later switched to Tier 2 General main applicant. The Tier 2 stamping was done in my home country and entry clearance visa stamp issue date was 12 October, 2016 and was valid till 11 November, 2016. I entered the UK again on 15 October, 2016. My Tier 2 General BRP start date was 20 October, 2016. So to calculate my 5 years for ILR application which date do I use?

2. My 7 year old son is on Tier 2 General Dependent and entered the UK on 15 October, 2016 and his current leave to remain is valid till 12 October, 2022. He may not qualify for ILR as my spouse is still on ICT but will qualify for ILR on 10 years residence route in September, 2022. My question is my son allowed to continue in his current leave until 2022 or should he switch to my dependent when I receive my ILR end of 2021?

3. If he is allowed to continue on current leave which is valid till October, 2022 can he travel out & in the country without any issue? The reason why I'm asking because I will be on ILR and my spouse in ICT and my son will be on Tier 2 General Dependent.

Thanks and I really look forward for your guidance/ advice.

Regards
GS

Posted: **Wed Feb 03, 2021 12:17 am**

gomigo wrote: ↑
Wed Feb 03, 2021 12:09 am
Dear all

Thanks for helping everyone and keeping the community strong.

I have looked at various forums and managed to get part answers for my immigration Qs but would appreciate if I can have a complete answer to decide on my next steps.

1. I entered the UK on 23 Aug, 2013 as a PBS dependent and later switched to Tier 2 General main applicant. The Tier 2 stamping was done in my home country and entry clearance visa stamp issue date was 12 October, 2016 and was valid till 11 November, 2016. I entered the UK again on 15 October, 2016. My Tier 2 General BRP start date was 20 October, 2016. So to calculate my 5 years for ILR application which date do I use?
To be on the safe side apply from 20th Oct 2021 minus 28 days

2. My 7 year old son is on Tier 2 General Dependent and entered the UK on 15 October, 2016 and his current leave to remain is valid till 12 October, 2022. He may not qualify for ILR as my spouse is still on ICT but will qualify for ILR on 10 years residence route in September, 2022. My question is my son allowed to continue in his current leave until 2022 or should he switch to my dependent when I receive my ILR end of 2021?
As long you get your own ILR via the PBS route (not long residence), your son can/should carry on his PBS dependent visa.

3. If he is allowed to continue on current leave which is valid till October, 2022 can he travel out & in the country without any issue? The reason why I'm asking because I will be on ILR and my spouse in ICT and my son will be on Tier 2 General Dependent.
He can travel in and out without issues as he is your PBS dependent not your wife’s PBS dependent AND you will get your ILR via the PBS route

Thanks and I really look forward for your guidance/ advice.

Regards
GS

Posted: **Wed Feb 03, 2021 11:54 am**

Many thanks for swift response. 2 more follow up Qs please.

1. I will be eligible for Naturalisation in September 2022 (12 months on ILR) and assume I get my BC certificate in October / November 2022 by then my spouse (10 years Long residence) and Child (he would have qualified too though he was born outside the UK) would have had their ILR (we intend for super priority route if it exist then). Should they hold ILR for 12 months before they can apply for Naturalisation or can they apply it as soon as they had their ILR under BC family member route. Me and my spouse are living in the UK for nearly 8 years already and have all proof for cohabitation and my child is with us in the UK for 7 years (since he was 3 months baby).

2. Can my child who is on PBS dependent apply for ILR as co-applicant when my spouse qualify next year on long residence ? Or should he wait until my spouse gets his ILR.

Finally, are there any priority service for AN or MN1 applications?

Thanks again.

Posted: **Wed Feb 03, 2021 12:08 pm**

Unlikely you will be British by October/November, ie 1 to months after applying. You are only British once tlyou attend the ceremony.

Your spouse and child if holding ilr, can apply immediately only if you are already British and your spouse meets the requirements based on 3 years residence.

There is no priority or supper priority option for citizenship application. It is not an immigration application.

Set LR does not permit dependent to apply with the applicant. Your child will have to apply after your spouse apllies on set LR and the child will apply using form SET F, the requirment being that both parents are settled, ie ilr.

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