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Hi,

Would be grateful if someone could advise.

I have an ILR status. I moved to the UK in August 2015 on Tier 2(General) VISA with Partner and Child (both PBS Dependent VISAs) at the same time.

Partner switched from Dependent VISA to Tier 2(General) VISA after 4 years in August 2019 which is valid till August 2024.
Child continued on same Dependent VISA that expires in May 2021 with total stay of 5 years (August 2015-May 2021) and is due a new application in a month.
I got ILR status in September 2020 after stay for 5 years on Tier 2(General).

Question 1) Can Child apply for ILR or has to apply for Dependent VISA of my Partner who is now on Tier 2(General)?

Question 2) If Child can not apply for ILR but has to apply as Dependent of Partner, is IHS exempted given that Partner works in NHS on Tier 2 (General) and has CoS issued by an NHS body.

Question 3) Can Partner apply for ILR? Her stay is on Dependent VISA for 4 years (August 2015-August 2019) and Tier 2(General) VISA for 1.5 years(August 2019 till date) that expires in August 2024.

Would appreciate some advice

Thanks

1. No, child cannot apply for ilr. Either apply to extend current dependent visa based or change to dependent of your spouse. You were already advised of this last year when you asked.

indefinite-leave-to-remain/ilr-applicat ... l#p1892574

2. Probably IHS exempt if you change child to your partner's dependent

3. No, your partner cannot combine tier 2 dependent time with main tier 2 time to make up 5 years for ilr. Your partner will qualify for ilr in 2024. Your child will qualify for ilr when your partner does. It would have been simpler if your partner remained as a PBS dependent and applied for ilr when you did