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Applying for ILR for tier 2 dependants

Posted: Thu May 20, 2021 11:07 pm
by ivan-s531
Hi!

My wife and daughter will have completed their 5 years qualifying period by July, but they will still have over 2 years leave on their visas. They couldn't have applied for ILR along with me, because they came to the UK one year later, so we applied for the visas extension instead, which was granted. My ILR application was also successful and I have a settled status.

The question - do we have to apply for ILR for them when the qualifying period completed (i.e. July - August) or can we apply later, as long as their visas are still valid? Also, what would happen if I decide to change the job now, would their dependant visas get invalidated?

Thanks!

Re: Applying for ILR for tier 2 dependants

Posted: Fri May 21, 2021 2:24 am
by CULLINAN
They earliest they can apply is when they complete 5 years minus 28 days from initial visa issue date.

The latest they must apply is before current visa expiry.

As long they have a valid leave to remain, it is entirely applicant’s choice when to apply. They have to meet all the requirements on the date of application for example, absences if applicable, LIUK, English Requirements etc (18+).

Also, you are free to change employers as you wish. This is irrelevant for them to settle as a PBS dependent.

PS Assuming you got your ILR via the 5 year PBS route, they can continue on the same PBS dep visas.

Re: Applying for ILR for tier 2 dependants

Posted: Fri May 21, 2021 8:09 pm
by ivan-s531
Thanks very much for this very comprehensive answer!