Help needed please: Tier 2 visa leading to ILR

[drali444]

Hi everyone,
I am doctor working in UK on tier 2 visa. My ILR is due in Mar 2018. My wife joined me later in UK and she will complete her 5 years in April 2019. We have a daughter born in UK who is one years old and we are expecting our second baby in June 2016. Our current tier 2 visa expires in July 2017.
My question is
As we need extension in visa to complete ILR duration, how long should I ask the sponsorship for ? If I ask for 1 year I shall be eligible to apply for ILR for myself and passport for my kids, but my wife still won't be eligible.
I want to find a way with less expenditure as we also need to pay health surcharge.

Kindly guide me please

[CR001]

2 year extension would make sense. Otherwise your wife will need another extension.

[drali444]

CR001: thanks for your reply. Am I right in thinking,once I am eligible for ILR, I can apply for UK passport for my kids born in UK?
Do I need to get ILR before I can apply for their passports or I can just apply for their passport once I am eligible for ILR?
Secondly, If we apply for 2 years visa, my wife will be on tier 2 depentent visa where as I will have ILR? will it still be okie?

[drali444]

if we all apply for one year visa, and I get ILR and my kids UK passport, what visa category my wife needs to stay on to get her ILR?

[CR001]

Your children are not British. Only British citizens can apply for British Passports.

You will have to register your UK born children as British on form MN1 under section 1(3) of the nationality act, current fee per person is £936. You can only do this AFTER you get ILR.

Your wife can continue on Tier 2 Dependent visa until she qualifies for ILR, provided you are applying for ILR based on Tier 2 and NOT on 10 years long residence.

The rules allow your wife to stay on the same visa even when you have ILR based on 5 years residence.

[Casa]

CR001: thanks for your reply. Am I right in thinking,once I am eligible for ILR, I can apply for UK passport for my kids born in UK?
Do I need to get ILR before I can apply for their passports or I can just apply for their passport once I am eligible for ILR?
Secondly, If we apply for 2 years visa, my wife will be on tier 2 depentent visa where as I will have ILR? will it still be okie?

Your children won't be able to apply directly for British passports. They will have to register on form MN1 first, and only after you have been granted ILR.
https://www.gov.uk/government/publicati ... n-form-mn1

[drali444]

Thanks for everyones help.
What I understand now is that I need to apply for my ILR and get it first before applying for my children to be registered as British citizen. Once registered we can apply for their passports.
Secondly as my wife won't be due her ILR for about 16 months after me, what visa category we will have to apply for her after I get ILR and if her tier 2 dependent visa is running out?
After ILR, do I also need to be registered as British citizen prior to applying for UK passport? Do I have to wait for a year after getting ILR ?

Thanks

[Casa]

CR001 has already advised that your wife can extend her visa as a Tier 2 dependent, assuming you haven't been granted ILR under 10 years long residence.
You will have to apply for BC on form AN (not registration) and will only be able to do this when you have completed 12 months of residence after the date you are granted ILR.
An application for a British passport can only be submitted after your BC application has been approved and you have attended your citizenship ceremony.

[drali444]

Thanks for your help. I moved to UK in March 2013, so my year for ILR runs from Mar to Mar.

Year 5 March 13 - Mar 14
Year 4 March 14 - Mar 15
Year 3 March 15- Mar 16
Year 2
Year 1

In year 3, I have total of 111 days absence from UK, out of which 45 days is unpaid leave when I stayed out of country.
first unpaid leave was in Aug 15 for 19 days and second was in Feb 2016 for 26 days. During these periods I was out of UK and stayed their on these unpaid days with annual leaves.
Can this unpaid days be an issue when applying for ILR under tier 2 visa?
How much days absence is allowed in year 1 as I know in the rest of years its 180 days? I am really worried if these unpaid leaves can cause any problems?
Do i need to have a letter from employer for all the leaves including annual leaves, as I keep rotating between hospitals every 6 months

[geriatrix]

Read 245AAA, 245HF(h), 245HH(B).

See also FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting


And, please don't make multiple posts on the same topic.