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Path to permanency

Posted: Fri Aug 13, 2021 10:23 am
by snishaad
Hi All,

My spouse will be moving to ILR in 5 months. However, I have been in ICT Tier 2 visa for 3 years and have just moved as her dependent. By the time she is eligible for ILR, i would have 3.5 years in the UK.

My understanding is that she will be in ILR and I will get a PBS dependent extension to continue. At what point can i apply for ILR and subsequently a British passport. Will i get my passport when she applies for her passport assuming i complete 5 years in UK by then?

Thanks

Re: Path to permanency

Posted: Fri Aug 13, 2021 10:27 am
by CR001
You need 5 years on PBS dependent visa before you can apply for ilr. Your time on ICT visa doesn't count towards the 5 years.

You need ilr before you can apply for citizenship. You need your citizenship certificate which you get once approved and you have attended your ceremony before you can apply for a passport.

If your spouse is British by the time you get ilr, you can apply for citizenship as soon as you have your ilr brp card provided you meet all the requirements.

Re: Path to permanency

Posted: Fri Aug 13, 2021 10:35 am
by snishaad
Thank you for the clarification. I am currently on a PBS dependent visa of spouse's Tier 2 General. When she applies for ILR, will i need to apply for an extension of my current PBS dependent visa or will that be a separate dependent visa category? Please note i would have spent around a year as a PBS dependent when she submits her ILR application.

Re: Path to permanency

Posted: Fri Aug 13, 2021 12:56 pm
by CR001
Once your spouse gets ilr based on tier 2 general, you must apply to extend your visa before it expiry date. You apply to extend as a skilled worker dependent. It will be a 3 year extension. If you are still short for your own ilr,you will need to apply for another 3 year extsnion.

Re: Path to permanency

Posted: Fri Aug 13, 2021 4:53 pm
by snishaad
Thank you for your response. I have one final question. It will be great if you can assist with the clarity on this question as well.

My wife's ILR was issued for 5 years in one shot. This means that my current dependent BRP will also expire at the time she is eligible for ILR. Should i wait for her ILR BRP to come through and then apply for extension? Or can i submit my dependent visa application along with ILR application?

There is a chance that her ILR brp might get delayed even if she applies 28 days prior to 5 yrs cut-off and i might not have time to wait for the brp and then apply for my dependent visa extension and hence the request for clarification.

Re: Path to permanency

Posted: Fri Aug 13, 2021 5:05 pm
by CR001
You can apply at the same time. Your application will be held until her ilr is granted.