Tier 1 to ILR; What about dependants?

[expertbuddy]

Hi,

I am eligible to apply for ILR on January 2016. Got my initial first tier 1 on 2011, so completing 5 years

However i got some clarifications for my dependents

1. For my wife, visa is valid as Tier 1 dependent upto Feb 2016. Can she apply again as PBS dependent once i get my ILR or It should be always FLR(M).
2. Can my son apply for ILR at the same time as me?

Thanks

[geriatrix]

1. When did your spouse apply for leave as PBS dependant for the very first time? When did she enter UK? Has she been staying in the UK since then (ignoring annual holidays outside UK)?
2. Where was your child born?

[expertbuddy]

1. When did your spouse apply for leave as PBS dependant for the very first time? When did she enter UK? Has she been staying in the UK since then (ignoring annual holidays outside UK)?
2. Where was your child born?

My wife applied for PBS dependant on same time as my visa. Entered same time, but left uk for 1 year and came back on Dec 2012. She qualifies for ILR except english requirement, since she havent taken the exam, so can she apply for PBS dependent or only FLR (M)?

2. My child is born outside uk. Got PBS dependent for the first time on Nov 2012. Can i include in my ILR application? or he needs to be also apply as PBS dependent or FLR (M)

[geriatrix]

1. She may apply for leave as PBS dependant. Do not apply for FLR(M) - if she does that her ILR clock will be reset.
2. You may include the child in your ILR application (319J(e)(iv)) only if child has had continuous leave since before 09-Jul-12. Else, PBS dependant extension.

[expertbuddy]

1. She may apply for leave as PBS dependant. Do not apply for FLR(M) - if she does that her ILR clock will be reset.
2. You may include the child in your ILR application (319J(e)(iv)) only if child has had continuous leave since before 09-Jul-12. Else, PBS dependant extension.

Thanks Sushdmehta

[wasi36]

1. She may apply for leave as PBS dependant. Do not apply for FLR(M) - if she does that her ILR clock will be reset.
2. You may include the child in your ILR application (319J(e)(iv)) only if child has had continuous leave since before 09-Jul-12. Else, PBS dependant extension.

I dont think any of them qualify for ILR. IF they came to uk after july 2012 then they have complete 5 years even if it is for child dependant

[PBS_TIER1]

Hello,

I am in the same situation and I need some clarification too please.

Myself - Tier 1 (general)
Wife - Tier 1 Gen Dep (got VISA in April 2013)
Son- Born Outside UK (Got VISA in April 2015), He is 15 months old currently

I am now eligible for PR and planning to apply this month. My question:
- Can my son also apply for ILR along with me?
Reading through few posts in this forum, it looks like he is not eligible since he got VISA after July 2012. But if I go through the correct link in Gov.UK website, it does not say anything about the July 2012 rule for children but clearly says for partners. I have copied that part below(children). it just says that both the parent must both be in the UK legally(it does not say both the parents should be settled or the child's VISA should have been taken before July 2012). I am confused here, Can you please confirm if my son can apply with me?

---------------------------------taken from gov.uk--------------------------------------------------------------
https://www.gov.uk/settle-in-the-uk/y/y ... -1-general

Eligibility for children

Your child can apply if they:

were previously given permission to stay in the UK as your child
aren’t married or in a civil partnership
will live with you and be supported by you without using public funds
You and your child’s other parent must both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle.

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent
you have sole responsibility for the child’s upbringing
there are serious or compelling family or other considerations, for example you (if you’re settled in the UK) or your child has a serious illness

[geriatrix]

Assuming you will be applying for settlement under PBS route:

Your child will be eligible for settlement as the same time as your spouse becomes eligible for settlement as a PBS migrant. Until then both dependants can continue to apply for, if they need to, and remain on PBS dependant leave (even if you are granted ILR under PBS route or become a British citizen in the meantime).

[PBS_TIER1]

Many thanks sushdmehta for the quick response. you guys are really doing an awesome job here..

One more doubt please:
My wife's and Child's VISA is valid till Dec 2016. If I become ILR/Citizen before that, will they be able to extent their VISA in PBS route(my wife completes 5 years in UK in Apr 2018)? If not, how do they extent their stay?

[geriatrix]

Already answered - read the second sentence in the paragraph (of my response).

[PBS_TIER1]

Many Thanks sushdmehta.. Once again many thanks for everything you guys do...