Tier 2 (General) to ILR - What will happen to the dependent visas

[charf]

Hi Everyone,

I will highlight my status below.

• I am on a Tier 2 (General) visa sponsored by my employer. My Visa valid till November 2018

• My 5 year period gets completed November 2017, which means that I could apply for ILR

• My Wife is completing 5 years in July 2018. She is on a Tier 2 Dependant visa (PBS Dependant)

• My Child is UK Born and on a Tier 2 Dependant visa (PBS Dependant)

Questions:

• If I apply for ILR in November 2017, does my dependent's visas gets invalid? (Wife's and Child's Tier 2 dependant) - They are both valid till November 2018

• Does my wife and child have to be included in my ILR application as dependants or should I include them after they have granted me the ILR?

• After getting the ILR, can I register my UK born child as a British citizen skipping the ILR route? But if the Visas gets invalid when the main applicant changes the visa to ILR, the child would be living in UK without a valid visa status (leave to remain)

Thank you!

[vinny]

No. Leave remains valid.

Wife should apply only when eligible.

Yes, no problems for UK born child.

[charf]

Hello Vinny,

I have read some more posts in this forum and made myself clear that my child could apply directly for British Citizenship after my ILR is approved.

I am still doubtful about my wife's visa status as her PBS dependant is connected to my Tier 2 (General) Sponsorship visa I have got. As and when I get the ILR my Tier 2 will be invalid and I thought that would invalidate my wife's visa status. The post you suggested definitely highlights the fact that they could apply for a PBS dependant extension to complete 5 years rather than going on the FLR route. But does that mean that she would have to anyway apply for a PBS dependant after my ILR or stay on with her current visa.

Thank you very much in advance

[vinny]

Wife may stay on current visa, until expiry.

[charf]

Thank you!

[charf]

Just some more evidence from the UK Visas and Immigration, for the record so that anyone else with the same situation can refer:


"If you are applying for ILR under the 5 year route, your wife and child are able to remain on a Tier 2 dependant visa until they meets the 5 year requirement to apply for ILR.

As your child was born in the UK, once you gain ILR your child is able to naturalise if they meet the requirements. Please refer to the following link on more information on naturalising a child under the age of 18"

Thank you,

[CR001]

Which is exactly what the links say that vinny provided in his response to you on Sat Sep 02, 2017 1:49 am.

We of course don't make these things up as we go along

[charf]

Yes, I really appreciate the information the moderators have provided. It is always good to have extra evidence to support any ones case. I thought articulating all at one point such as this site would be helpful to others.

Thank you very much again...