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Hi,

6 years ago I came to UK on Tier2 ICT along with my husband. 1 year ago my husbands employer granted him Tier2-G visa for 3 years. Me and my child are now on dependent visa. After that I had to find a new job and my new employer has agreed to grant me Tier(G) after 1 year cooling period. Please can you help me on the below
1. Can I switch to Tier2(G) and apply for 10 year route after 10 years in UK(5 years on ICT, 1 year as T2G Dependent, 4 years as T2G), what are the suggested options?

2. Upon 3 years completion, if for any reason my husband becomes my dependent, is he eligible for ILR on 10 year route or should he complete his 5 years term as T2G or Dependent and then only can apply?

3. My child is here with us since 5 years (came 1 year after we relocated). First as my dependent and now on my husband. Is he eligible for 10 year route or has be to 5 years dependent on my husbands visa?

Any guidance is appreciated so we can make correct decisions.
Thanks in Advance
mav

1. You can't "switch" to tier 2 general, switching is an application made within the uk. You have to apply from home country for a new entry clearance visa. All visas count for long residence ilr provided you meet the requirements.

2. If he meets the long residence requirements, then yes.

3. If he meets the long residence requirements, then yes. If he does not, the. Apply on form SET F once both parents have ilr.

Long residence does not permit dependents to be included. Each person just meet the requirements and apply individually.

My and my husband's visa was valid from 19th May 2014
I first came to UK on 19 May 2014 on ICT short term visa
My husband came as my dependent on 13 July 2014
My son's dependent visa was approved in Sept 2014 he came to UK on 4th Oct 2014, stayed for one month and went back end of Oct.

Me and my husband went to India in Apr2015 for visa renewal and came back on ICT Long term visa, I came back to UK on 11th May 2015. My husband and son came to UK on 28 June 2015

From then we have been staying in the UK on ICT Long term until Apr 2019.
My Husband got T2G on Apr 2019 for 2 years and we were on his dependent visa's until Apr 2021
In Apr 2021 I luckily got T2G valid until 4th Apr 2024 and my husband and son are in my dependent visa which is also valid until 4th Apr 2024

Now , we are planning to apply for ILR on 10 years long route. However, I am falling short by 18 days

(1) Can I apply for ILR on 3rd Apr and secure biometrics between the 28 day's before 19th May 2024
(2) Can My husband apply on 3rd Apr on 10 year long route given that his visa validity started on 19th May 2014, however he first entered UK on 13th July 2014
(3) Can I apply SET(F) for my son on 3rd Apr as well on the same 10 year long route given that his visa validity started in sept 2014, however he went back to India for 6 months and returned on 28th June 2015 and continued to stay
Please could you guide me the options please.

Thank you
mav

1. Yes you can apply early and book your appointment later. See: indefinite-leave-to-remain/dependent-el ... l#p2072912
2. The long residence qualifying period starts from the first entry to the UK
3. Answered the above too. SET(F) is appropriate when both parents are settled or about to settle. SET(LR) is appropriate when the child qualifies on his own and does not have any breaks or gaps in his residence

Thank you Zimba. So..
(2) Can my husband apply for ILR 2.5 months earlier because his visa gets expired on 4th Apr 2024?
(3) Can we apply for my son along with my husband via SET(F) along with my husband's application because he will have spent 9 continues years in the UK?

Sorry missed to mention - my son is 18 years as on Oct 2022.

Malav2 wrote: ↑

Wed Oct 26, 2022 8:46 am

Thank you Zimba. So..
(2) Can my husband apply for ILR 2.5 months earlier because his visa gets expired on 4th Apr 2024?
(3) Can we apply for my son along with my husband via SET(F) along with my husband's application because he will have spent 9 continues years in the UK?

You are expected to enrol your biometric within 45 days of applying so there is not enough time to delay this. One option is to go for the standard route and delay the biometrics as long as possible until they get to a point where ILR can be lawfully granted ILR

Thank you. Sorry for asking again. So can I also include my son's ILR following SET(F) as he will be above 18 years old during ILR time.

Malav2 wrote: ↑

Wed Oct 26, 2022 3:19 pm

Thank you. Sorry for asking again. So can I also include my son's ILR following SET(F) as he will be above 18 years old during ILR time.

Set F is for children UNDER 18 years of age.

https://www.gov.uk/government/publicati ... -form-setf

Use this online form to apply for indefinite leave to remain in the UK if you are a child, or are applying on behalf of a child under 18.

So can I apply as ILR dependent once one of the parents get ILR? I am confused how the dates would work given that all the visa's are going to expire on 4th Apr 2024.

Also, thinking to ask with my employer to extend my visa. If so can I apply for ILR immediately after visa extension once the 10 years is complete, would that impact ILR applications?

Malav2 wrote: ↑

Thu Oct 27, 2022 2:39 pm

So can I apply as ILR dependent once one of the parents get ILR? I am confused how the dates would work given that all the visa's are going to expire on 4th Apr 2024.

Also, thinking to ask with my employer to extend my visa. If so can I apply for ILR immediately after visa extension once the 10 years is complete, would that impact ILR applications?

Yes to both

Zimba wrote: ↑

Fri Oct 28, 2022 12:26 pm

Malav2 wrote: ↑

Thu Oct 27, 2022 2:39 pm

So can I apply as ILR dependent once one of the parents get ILR? I am confused how the dates would work given that all the visa's are going to expire on 4th Apr 2024.

Also, thinking to ask with my employer to extend my visa. If so can I apply for ILR immediately after visa extension once the 10 years is complete, would that impact ILR applications?

Yes to both

Thanks Zimba and CR001. would my son qualify for 7 years route to ILR, he just turned 18, 2 weeks ago. I am asking this because he would qualify for home student for his uni next year

There is no 7 year ILR route for PBS Dependent visa holders.

Malav2 wrote: ↑

Sun Oct 30, 2022 1:45 pm

Zimba wrote: ↑

Fri Oct 28, 2022 12:26 pm

Malav2 wrote: ↑

Thu Oct 27, 2022 2:39 pm

So can I apply as ILR dependent once one of the parents get ILR? I am confused how the dates would work given that all the visa's are going to expire on 4th Apr 2024.

Also, thinking to ask with my employer to extend my visa. If so can I apply for ILR immediately after visa extension once the 10 years is complete, would that impact ILR applications?

Yes to both

Thanks Zimba and CR001. would my son qualify for 7 years route to ILR, he just turned 18, 2 weeks ago. I am asking this because he would qualify for home student for his uni next year

for this he'd have to be in UK via private life route afaik
which is a completely different case

Thank you for all the inputs

Hi,

I came to UK in on 19 May 2014 on ICT short term visa
My husband came on dependent via on 11th July 2014
We both went back to home country and got extended to ICT long term valid from 5th May 2015 and then was changed to T2G and lawfully staying in UK. My current visa end date is 4th Apr 2024 and I am short by 17 days and my husband by 66 days to apply for ILR. However, my company is extending my T2G visa for another 1 year. Please can you help me with few clarifications and suggestions to apply for ILR.
1. Does the new Long residence changes include ICT short term visa and will this impact my ILR eligibility on 17th Apr 2024
2. If I apply for ILR on 17th Apr 2024, will this invalidate my husband and Childs T2G dependent visa sponsored by my company
3. Can they continue on T2G dependent and apply for ILR 15th June 2024 when eligible?
4. Should every one apply for ILR on 15th June 2024?
5. May son (now 18 yrs) came in May 2015 so assume he will have to apply as ILR dependent along with my husband or can he apply along with my application earlier?

Thank you
Mav

If you are short of some days read this: How to apply early and benefit from the date of the ILR decision ?

1. No effect
2. No
3. Yes
4. Not really
5. ILR under long residence has no concept of a dependant. We told you this above in 2022. Everyone applies separately and needs to qualify separately.

Thanks Zimba. Very helpful it is.
Regarding point 5, can I apply my son as ILR dependent along with my application in Apr or Should i apply along with his father in June.

Also My husbands first visa as ICT short term dependent was granted from 19th May 2014, however he entered UK on 11th July 2014. So should I consider 19th May or 11th June for his ILR appliction

Malav2 wrote: ↑

Wed Feb 14, 2024 10:26 am

Also My husbands first visa as ICT short term dependent was granted from 19th May 2014, however he entered UK on 11th July 2014. So should I consider 19th May or 11th June for his ILR appliction

It is the date of entry to the uk for all long residence ILR applications regardless of visa routes!

Thank you, please can you suggest on point 5, can I apply my son as ILR dependent along with my application in Apr or Should i apply along with his father in June.

zimba wrote: ↑

Wed Feb 14, 2024 1:17 am

If you are short of some days read this: How to apply early and benefit from the date of the ILR decision ?

1. No effect
2. No
3. Yes
4. Not really
5. ILR under long residence has no concept of a dependant. We told you this above in 2022. Everyone applies separately and needs to qualify separately.

Already answered by Zimba. There is no other answer to give you.

Malav2 wrote: ↑

Wed Feb 14, 2024 10:09 am

Thanks Zimba. Very helpful it is.
Regarding point 5, can I apply my son as ILR dependent along with my application in Apr or Should i apply along with his father in June.

Your son will apply using a separate SET(O) application. SET(LR) application has no concept of dependant
Your son is now an adult but entered the UK as a child dependant, so he will only qualify for ILR after both parents get ILR

Thank you. once of the solicitor mentioned as ILR dependent.. So getting confused.
If I have understood correctly, even though my son has been in UK for 9.2 years he can apply for ILR (SET -O) at same time along with his father is that correct?

Malav2 wrote: ↑

Thu Feb 15, 2024 9:20 am

Thank you. once of the solicitor mentioned as ILR dependent.. So getting confused.
If I have understood correctly, even though my son has been in UK for 9.2 years he can apply for ILR (SET -O) at same time along with his father is that correct?

The length of time he has been here is irrelevant. I repeat again: your son can get ILR when both parents are settled, so he should apply when this is the case

NOTE
Child dependants of ILR holders often may be included with the parent's ILR application under work/family routes BUT this is not the case for SET(LR) as the long residence SET(LR) is for an individual who wants to apply for ILR on their own, based on long residence in the UK only. So no dependant is considered a they are irrelevant