Need info on ILR eligibility and out of country rules!

[AishwaryaGhandhi]

Hi ppl,

My husband is on a Tier2 general visa and I came to UK as his Tier2 dependant on March 2015. My husband will be eligible for ILR on Jan 2019. Also I am pregnant and planning for my delivery in India due to some circumstances. Due date on August 2017. I have couple of questions on my ILR eligibility.

1) When will I be eligible for ILR. Do i have to be in Tier2 visa for 3 years or 5 years for ILR eligibility.

2) If 5 years, what visa should me and the baby apply when my husband applies ILR in jan 2019.
And when can I apply for ILR?

3) What are the consequences related to Visas, if I have my baby in India.

4) I am thinking to stay for 6 months in total for delivery Mid of june 2017 to Dec 2017. Will this be a problem when I apply for ILR?

I see few people have asked similar questions before, but i don't see whether they got visa or not. And those were mostly depending on previous ILR rules. We have to decide having baby in India depending upon responses. Please let me know how feasible this is going to be!!

[CR001]

1) When will I be eligible for ILR. Do i have to be in Tier2 visa for 3 years or 5 years for ILR eligibility.

You will be eligible for ILR shortly before you reach 5 years residence calculated from the date you entered the UK as a Tier 2 G Dependent.

2) If 5 years, what visa should me and the baby apply when my husband applies ILR in jan 2019.
And when can I apply for ILR?

Tier 2 General Dependent visas. If your baby is born in the UK, the child will be able to register as British once your husband gets ILR.

3) What are the consequences related to Visas, if I have my baby in India.

What do you mean 'consequences'??? The child will need a visa and will qualify for ILR when you qualify.

4) I am thinking to stay for 6 months in total for delivery Mid of june 2017 to Dec 2017. Will this be a problem when I apply for ILR?

You should try return within 6 months.

[secret.simon]

If child born in the UK;

• if one parent has ILR on the date of birth;
  Child is a British citizen by birth.

• else if one parent acquires ILR after birth;
  Child is entitled (i.e can not be refused) to be registered as a British citizen when either one parent acquires ILR. Child and second parent not required to have ILR tro be registered as a British citizen.

else If child born outside the UK;

• Child has the UK immigration status of the less-privileged parent.
  Both parents and child are expected to have ILR and one parent must be naturalised before the child can register as a British citizen at discretion

[poper]

If child born in the UK;

• if one parent has ILR on the date of birth;
  Child is a British citizen by birth.

• else if one parent acquires ILR after birth;
  Child is entitled (i.e can not be refused) to be registered as a British citizen when either one parent acquires ILR. Child and second parent not required to have ILR tro be registered as a British citizen.

I am just checking if I am reading this right.
Are you saying if one parent of the UK born child acquires ILR then the other parent need not apply for ILR?

else If child born outside the UK;

• Child has the UK immigration status of the less-privileged parent.
  Both parents and child are expected to have ILR and one parent must be naturalised before the child can register as a British citizen at discretion

[secret.simon]

If child born in the UK;

• if one parent has ILR on the date of birth;
  Child is a British citizen by birth.
  
  else if one parent acquires ILR after birth;
  Child is entitled (i.e can not be refused) to be registered as a British citizen when either one parent acquires ILR. Child and second parent not required to have ILR to be registered as a British citizen.

I am just checking if I am reading this right.
Are you saying if one parent of the UK born child acquires ILR then the other parent need not apply for ILR?

If one parent of a UK born child acquires ILR, it is sufficient for the child to be registered as a British citizen, even if the child itself or the second parent does not hold ILR.

However, if the second parent wishes to become a British citizen or settle in the UK, s/he would of course need to hold ILR in their own right.

[AishwaryaGhandhi]

Thank you so much for the response. Very clear. Just have 1 question on my Visa.
If my husband applies for ILR in jan 2019, are you saying I should apply for extension of Tier 2 dependant visa? In that case, my husband will be on ILR and how will be a tier 2 dependent. I don't get this part alone.

1) When will I be eligible for ILR. Do i have to be in Tier2 visa for 3 years or 5 years for ILR eligibility.

You will be eligible for ILR shortly before you reach 5 years residence calculated from the date you entered the UK as a Tier 2 G Dependent.

2) If 5 years, what visa should me and the baby apply when my husband applies ILR in jan 2019.
And when can I apply for ILR?

Tier 2 General Dependent visas. If your baby is born in the UK, the child will be able to register as British once your husband gets ILR.

3) What are the consequences related to Visas, if I have my baby in India.

What do you mean 'consequences'??? The child will need a visa and will qualify for ILR when you qualify.

4) I am thinking to stay for 6 months in total for delivery Mid of june 2017 to Dec 2017. Will this be a problem when I apply for ILR?

You should try return within 6 months.

[CR001]

Thank you so much for the response. Very clear. Just have 1 question on my Visa.
If my husband applies for ILR in jan 2019, are you saying I should apply for extension of Tier 2 dependant visa? In that case, my husband will be on ILR and how will be a tier 2 dependent. I don't get this part alone.

If your husband gets ILR based on 5 years residence on Tier 2 General, you are permitted to extend your PBS dependent visa till you meet the 5 year residence for ILR. The immigration rules permit this.

immigration-for-family-members/dependan ... 14832.html