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Tier 2 dependant validity

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xray
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Tier 2 dependant validity

Post by xray » Thu Mar 24, 2016 1:01 pm

I have just extended my tier 2 general visa recently with my wife and child. The current tier 2 visa will expire in May 2019. The tricky part is that I will be eligible for ILR only in 6 month via the 10 years route. So I have three questions:

1) If I switch to ILR in 6 month, will my wife and child still be able to use the current tier 2 dependant visa till it expires in 2019 or have to switch to FLR (M) immediately? We have paid nearly £4000 for the visa fee and NHS surcharge, it'd be a real pain if we have to pay it again in 6 months...

2) If the first question is yes, my wife will have stayed on tier2 dependant for 5 years before the current visa runs out. In that case, will she be eligible for ILR via the 5 years route on her own?

3) My child was born in UK in 2014. after I switch to ILR, will he be able to register as British citizen by any chance, or still get to wait till his mother is also granted with an ILR?

Thanks very much!

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CR001
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Re: Tier 2 dependant validity

Post by CR001 » Thu Mar 24, 2016 1:33 pm

1) If I switch to ILR in 6 month, will my wife and child still be able to use the current tier 2 dependant visa till it expires in 2019 or have to switch to FLR (M) immediately? We have paid nearly £4000 for the visa fee and NHS surcharge, it'd be a real pain if we have to pay it again in 6 months...
If you apply for ILR based on long residence, they will need to switch at some point to FLR(M), which will reset their clock for ILR to zero and they start again from scratch with a new 5 year residence requirement on FLR(M).
2) If the first question is yes, my wife will have stayed on tier2 dependant for 5 years before the current visa runs out. In that case, will she be eligible for ILR via the 5 years route on her own?
She cannot apply for ILR based on 5 years Tier 2 dependent if you apply for ILR based on long residence. She has to switch to FLR(M) and wait 5 years on FLR(M) before applying and qualifying for ILR.
3) My child was born in UK in 2014. after I switch to ILR, will he be able to register as British citizen by any chance, or still get to wait till his mother is also granted with an ILR?
Yes, you can register your UK born child once you are granted ILR.
Char (CR001 not Casa)
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xray
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Re: Tier 2 dependant validity

Post by xray » Thu Mar 24, 2016 1:48 pm

3) My child was born in UK in 2014. after I switch to ILR, will he be able to register as British citizen by any chance, or still get to wait till his mother is also granted with an ILR?
Yes, you can register your UK born child once you are granted ILR.[/quote]

Thanks for the quite reply. I have just checked home office's website, it says that "A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens."

Doesn't this mean the child will only be entitled if both rather than one of the parents are granted ILR?

Thanks!

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CR001
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Re: Tier 2 dependant validity

Post by CR001 » Thu Mar 24, 2016 1:51 pm

No, that is not what it says. If one parents gets ILR, the child is entitled to register.
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vinny
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Re: Tier 2 dependant validity

Post by vinny » Thu Mar 24, 2016 11:40 pm

xray wrote:Thanks for the quite reply. I have just checked home office's website, it says that "A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens."
It's a mistake. CR001 is correct.
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