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Joint ILR Application

Posted: Wed Jul 28, 2021 9:38 pm
by ashanker
We moved from India to the UK in August 2012, when my employer deputed me on a long-term assignment.
I was given a Tier 2 (ICT) Visa, and my wife got a Tier 2 (ICT - Dependant) Visa.
Later, in August 2016, my wife got her Tier 2 (General) Visa, sponsored by her employer.
However, I continued on my Tier 2 (ICT) visa until April 2017, when I changed my Visa status from Tier 2 (ICT) to Tier 2 (General - Dependant), on my wife's Tier 2 (General) Visa.
My wife is now ready to apply for her ILR.
Should my wife and I apply jointly for ILR?

Birth Certificate for ILR Dependant

Posted: Wed Jul 28, 2021 11:22 pm
by ashanker
I am applying jointly with my wife for ILR.
She has a Tier 2 (General) Visa and I have a Tier 2 (General - dependant) Visa.
Do I need to provide my Birth Certificate as one of the documents when applying for ILR?

Re: Birth Certificate for ILR Dependant

Posted: Thu Jul 29, 2021 7:02 am
by CR001
You do not qualify for ILR as a dependent. You need 5 years residence on tier 2 dependent before you can apply for ilr. You will only qualify in 2022 if you got your dependent visa in 2017.

Birth certificates are not required.

Re: Birth Certificate for ILR Dependant

Posted: Thu Jul 29, 2021 9:38 am
by ashanker
Thanks for your prompt reply, CR001!

However, when I was going through the following site:
https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa
I came across the following:

Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible.

Eligibility for partners
Your partner may qualify if all of the following apply:

- they have permission to be in the UK as your partner
- they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
- your relationship is genuine
- you intend to continue living together
- you have enough income to support yourselves and your dependants
- you’re not using public funds

All of the above six conditions apply to me, as we have been living together in the UK for the last 9 years since August 2012 (first on my Tier 2 (ICT) Visa, and then on my wife's Tier 2 (General) visa).

I am willing to wait for another eight months (till April 2022, which is five years from the time I changed my visa status to become a Tier 2 (General - Dependant) on my wife's visa), if that's the advisable thing to do (after all there is a steep application fee which I may lose if my ILR application is turned down).

Please advise.
Many Thanks!

Re: Birth Certificate for ILR Dependant

Posted: Thu Jul 29, 2021 10:39 am
by zimba
The wording is slightly misleading on that page. The continuous stay requirement should actually be:
they’ve been living in the UK under dependant visa with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
You need 5 years under PBS dependant visa, not just 5 years living in the UK :!: The immigration rules are clear on this so you do not qualify until 2022