Tier 2 General Visa to ILR

[goodwill01178]

Hi

I am in Tier 2 General Visa since Oct 2011. I will be eligible to apply ILR in Oct 2016 under 5 years route in Tier 2.

However, It's been 7 years since I came to UK, my previous visa history as below,

Sep 2008 to Jan 2010 - Student Visa
Jan 2010 to Oct 2011 - Post study work visa
Oct 2011 to Present - Tier 2 General visa

please can you let me know by considering the total number of years stayed in UK and is there any other possibility that I could apply ILR in End March 2016 that will be 6 months prior to I am completing 5 years in Tier 2. please can some one help to clarify me.

Thank you

[CR001]

No you cannot. Student via and PSW visas do not count towards ILR based on 5 years residence. They will only count for 10 years long residence.

You will need to wait till you meet the 5 years on your Tier 2 G.

[goodwill01178]

Hi

Noted and Thank you. Much appreciated for your reply.

[goodwill01178]

Hi There

I am in Tier 2 general visa and my wife and kid are Tier 2 general dependant visa holder. My current visa expires in November 2017. However, I am eligible to apply this Oct.

I just want to check if I am applying ILR this Oct and if my wife and kid can stays in Tier 2 general visa until it's expire in November 2017 ? Please can some help to clarify to me.

Thank you

[CR001]

Your dependents can stay on their current visas if you apply for ILR based on Tier 2 G 5 years residence.

[goodwill01178]

Hi

Thank you for your reply.

Please can you help me clarify on the below.

1. My wife came to the UK in Dec 2011 as a Tier-2 General dependent. She went to India in Nov 2013 for maternity. My Tier-2 General visa expired in Oct 2014 and I got it extended for 3 years. My wife and son applied for the dependent visa from India and got the visa valid from Dec 2014. She is back in the UK in Dec 2014 with son.

So there will be break in her 2 years continuous stay in UK. Please can you let me know if my wife is eligible to apply ILR along with me this Oct 2016 or she has to stay continuously in the UK for 5 years to be eligible for the ILR ?

2. My son (2.5 years old), currently on Tier-2 general dependent visa, was born in India. When I am eligible for British passport next year(~Oct 2017), Can I apply British passport directly for my son without applying ILR? (He has a valid Tier-2 G dependent visa until Nov 2017).

Thank you and highly appreciate your help on this.,

[CR001]

1. Your wife is likely on a 5 year path now given the long break, but suggest wait for FrontierMole or moonlight55 to advise.

2. No, your child will follow the same path as your wife. He is not entitled to register as British as he was born abroad. He will need ILR before he can register as British with either parent or after a parent is British.

[iworker]

since wife visa expired while she was outside he uk, she obtained an entry clearance and not extension.. her counter for 5 years started from when she got he last visa.
you son will be eligible for ilr once your wife has ilr.

[goodwill01178]

Thank you very much.

[goodwill01178]

Hi, I am in Tier-2 general visa since Oct 2011. Initially the visa given for 3 years until Oct 2014 and then it was extended until Nov 2017. I am eligible to apply for ilr in Oct 2016.
My employer generated COS job title- 'Buyers and Procurement officers' however I was promoted as 'Senior Merchandiser' with a salary hike. Will it have any effect on my ilr application? Can my role be different to what it was when COS generated? Thank you in advance.

[iworker]

it depends whether the soc code was changed or not.. if the new position falls under duifferent soc code, then u will need to apply visa again

[goodwill01178]

Hi

I was in Tier 2 General visa after completing 5 years, I have got an ILR for my self and wife few weeks ago. My son 3 years old still in Tier 2 General visa dependant visa (He was born in India). Me and wife will be eligible for British citizenship next year. So, I understand my son can remain in Tier 2 General dependant visa until next year and can directly apply for British citizenship. please can you confirm if my understanding is correct.

Even though my son is in Tier 2 General dependant visa but both parents have got ILR, can I apply for child benefit ? Please can some one help me to clarify?

Thank you

[CR001]

Hi

I was in Tier 2 General visa after completing 5 years, I have got an ILR for my self and wife few weeks ago. My son 3 years old still in Tier 2 General visa dependant visa (He was born in India). Me and wife will be eligible for British citizenship next year. So, I understand my son can remain in Tier 2 General dependant visa until next year and can directly apply for British citizenship. please can you confirm if my understanding is correct. No. A child born abroad is expected to hold ILR before qualify for citizenship. Only children born IN the UK have an entitlement to register without needing ILR. You will need to apply for the childs ILR.

Even though my son is in Tier 2 General dependant visa but both parents have got ILR, can I apply for child benefit ? Please can some one help me to clarify? Yes, parents claim NOT children.

Thank you

[goodwill01178]

Hi

I was in Tier 2 General visa after completing 5 years, I have got an ILR for my self and wife few weeks ago. My son 3 years old still in Tier 2 General visa dependant visa (He was born in India). Me and wife will be eligible for British citizenship next year. So, I understand my son can remain in Tier 2 General dependant visa until next year and can directly apply for British citizenship. please can you confirm if my understanding is correct. No. A child born abroad is expected to hold ILR before qualify for citizenship. Only children born IN the UK have an entitlement to register without needing ILR. You will need to apply for the childs ILR.

Even though my son is in Tier 2 General dependant visa but both parents have got ILR, can I apply for child benefit ? Please can some one help me to clarify? Yes, parents claim NOT children.

Thank you

Noted thank you for your help and clarification.,

[goodwill01178]

Hi,
Me and my wife got ILR in Nov 2016. Our son, 3 year old, was born abroad. we didn't apply ILR for him as he had tier-2 dependant visa valid until Nov 2017.
My wife and I are eligible for citizenship in Nov 2017.

Is our son eligible to apply for British Citizenship directly along with my application only for citizenship? Or should three of us apply together for him to be granted Citizenship under section 3(1) of the MN1 guide?

Thanks in advance.

[CR001]

You should have applied for his ILR. The requirement for children born abroad is to be free from immigration time restrictions to qualify for citizenship.

He stands a slightly better chance if both parents are already British, but by then his visa will have expired and he will be an overstayer.