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Background:

My wife, who is an NHS doctor, is the primary visa holder (Tier 2 Health and Care Visa) in our house, with myself and my son (born in the UK) as her dependents.

We both came to the UK in 2019. My wife arrived a bit earlier than me and has a UK entry clearance vignette sticker on passport valid from date as 14 May 2019. However, she arrived in the UK on 26 May 2019 as per immigration officer stamp date.

I followed her a bit later and have following timelines.

Timeline
Initial Application submission Date: 19/5/2019
Initial Application Biometric Date: 29/5/2019
Application Successful Date: 17/6/2019
Vignette Start Date: 11/6/2019
UK Entry Date: 8/7/2019

The major issue is that the current visa for both of us expires on 27 April 2024 and I would want to have a way that both of our applications can be submitted before that date..

Queries:

1. Is it correct that my wife can apply after 17th April 2024 ?

2. What about me as her dependent, can I apply anytime before 27 April'2024 based on Initial Application submission date ?

3. If I need to extend my current visa before the ILR application, will the old COS be valid or will I need a fresh COS from my wife's employer ?

4. Lastly, our son who was born in the UK but his visa is also valid till 27 April 2024, when can we apply for his ILR, if we do not want him to do naturalization ?

Thank you

The date of first arrival does NOT matter. The 5 years will be completed on 11/6/2024 and you will be eligible for ILR within 28 days of completing the 5 years. So the earliest date of ILR eligibility is 14 May 2024. Your ILR decision must be on or after this date.

When applying for ILR application, the date of ILR application is not important. You should apply before visa expiry and delay your biometrics until the date of ILR eligibility. See: How to apply early and benefit from the date of the ILR decision ?

Children can only settle with their parents. So include him in the same application.

Thanks for the reply, Zimba. I have another query in regards to English Language Proficency. The dependent applicant has Ecctis provided AQLS and ELPS.
However, the primary applicant being a NHS doctor has IELTS test pass certificate with C1 level back from 2019 when they first entered UK.

The question here is:
can they directly use that IELTS certificate in ILR application or they have to submit that to ECCTIS to validate it and provide AQLS and ELPS ?

Shivain wrote: ↑

Sun Feb 11, 2024 2:07 pm

Thanks for the reply, Zimba. I have another query in regards to English Language Proficency. The dependent applicant has Ecctis provided AQLS and ELPS.
However, the primary applicant being a NHS doctor has IELTS test pass certificate with C1 level back from 2019 when they first entered UK.

The question here is:
can they directly use that IELTS certificate in ILR application or they have to submit that to ECCTIS to validate it and provide AQLS and ELPS ?

The skilled worker route does not have an English language requirement for the main applicants

indefinite-leave-to-remain/language-req ... l#p2002760

Thanks one again Zimba, I want to explore certain options, so another one:
Can the dependent skilled worker visa partner apply for ILR , if the primary applicant does not wish to get the ILR, both have completed the 5 year qualifying period ?

Can the dependent skilled worker visa partner apply for ILR , if the primary applicant does not wish to get the ILR, both have completed the 5 year qualifying period ?

No. The rules don't permit this. A skilled worker dependent can only get ilr if the main skilled worker visa holder applies for or has ilr.

Thanks for the reply CR.

One another query, Can both the husband and wife apply at the same time and different biometric appointment date.
If the question seems confusing here is some background context , I want to delay my biometric appointment by 20 days so that I have covered the qualifying period. However, Does that means I would need a separate application from my wife (primary SET O applicant) ?

Shivain wrote: ↑

Mon Mar 18, 2024 3:01 pm

Thanks for the reply CR.

One another query, Can both the husband and wife apply at the same time and different biometric appointment date.
If the question seems confusing here is some background context , I want to delay my biometric appointment by 20 days so that I have covered the qualifying period. However, Does that means I would need a separate application from my wife (primary SET O applicant) ?

Yes you can choose different biometrics appointment date.

Thanks Amazonianx,

Would someone shed some light on how many documents we need which have joint names, I have only 2 types of docs which have names of both me and my wife , one is council tax and other is bank statement, I understand I can have 2 different dated copies on both these which would make me have 4 proofs of cohabitation. What about the others (I guess I need 2 more) , what I can use and how to procure them (for eg: electoral roll letter ) ?

Shivain wrote: ↑

Tue Mar 19, 2024 12:20 pm

Thanks Amazonianx,

Would someone shed some light on how many documents we need which have joint names, I have only 2 types of docs which have names of both me and my wife , one is council tax and other is bank statement, I understand I can have 2 different dated copies on both these which would make me have 4 proofs of cohabitation. What about the others (I guess I need 2 more) , what I can use and how to procure them (for eg: electoral roll letter ) ?

If both names 6, in individual name 12pc I.e. 6pcs from you and 6pcs from your spouse.
For what you have described, supply 2pcs of correspondence each I.e. 2 from you, 2 from spouse total of 4pcs individual named documents