Tier 2 Gen. Dependants Situation - Main Applicant got ILR

[Junaidrai]

Hi Experts,
My indefinite leave to remain has been approved on Tier Gen. 5 years basis, and I have received my BRP as well.
I have two dependants living with me at the moment. This topic is mainly about their position right now after me receiving the ILR.

Dependant 1 – Wife

She Travelled to UK in Oct2015 the very first time. Then we got an extension back in Mar2017, her current leave under Tier 2 Gen. is expiring in Mar2020.
How is her leave impacted after I got ILR on Tier 2 Gen. 5 years routes?
Do I need to switch her to a different category immediately?
Or she can continue on her current leave till the expiry?
If she continues on her current leave, then I need to apply for further extension to complete her for 5 years on dependant route (as she will be short by 6months on expiry of her current leave) so she can apply for ILR.
Under what category will she apply for extension? If possible!
Objective is to keep her running on the required grant of leave so she can apply for the ILR earlier than later.

Dependant 2 – Son (born in UK)

My Son was born in UK in Nov2016, we got his Pakistani passport and UK dependant visa and travelled back to Pakistan to introduce him to the family.
Then he got an extension back in Mar2017, his current leave under Tier 2 Gen. Dependant is expiring in Mar2020.

How is he impacted after I got ILR?
Does he need to continue on the current leave till Mar2020? And then apply for further extension as normal dependants?
Or Can I apply for his naturalisation now? If yes, then please guide me on the process?

I tried to explain everything separately so it is easy to understand.

Thank you very much for your time. Looking forward to hear from you. Thank you all

Regards,
JR

[CR001]

Dependant 1 – Wife

She Travelled to UK in Oct2015 the very first time. Then we got an extension back in Mar2017, her current leave under Tier 2 Gen. is expiring in Mar2020.
How is her leave impacted after I got ILR on Tier 2 Gen. 5 years routes?
Do I need to switch her to a different category immediately?
Or she can continue on her current leave till the expiry?
If she continues on her current leave, then I need to apply for further extension to complete her for 5 years on dependant route (as she will be short by 6months on expiry of her current leave) so she can apply for ILR.
Under what category will she apply for extension? If possible!
Objective is to keep her running on the required grant of leave so she can apply for the ILR earlier than later.

1. It is not impacted. Her visa remains valid.
2. No she does NOT have to switch into another visa category.
3. Yes, she can continue on her PBS Dependent visa.
4. Correct, apply for an extension shortly before her current visa expires. She applies as PBS Dependent and it will be a 3 year extension. IHS is £1200 plus visa fee.

Dependant 2 – Son (born in UK)

My Son was born in UK in Nov2016, we got his Pakistani passport and UK dependant visa and travelled back to Pakistan to introduce him to the family.
Then he got an extension back in Mar2017, his current leave under Tier 2 Gen. Dependant is expiring in Mar2020.

How is he impacted after I got ILR?
Does he need to continue on the current leave till Mar2020? And then apply for further extension as normal dependants?
Or Can I apply for his naturalisation now? If yes, then please guide me on the process?

1. Not sure why you think he is 'impacted'?? He simply can now be registered as British on form MN1 under Section1(3) of the nationality act.
2. Yes he can continue. No he does not need to extend his visa if you plan on registering the child as British.
3. Yes, you can apply to REGISTER his as British (only adults are naturalised).
4. Please ask your British Citizenship questions for your child in the British Citizenship sub forum as they are not relevant to the ILR sub forum.

british-citizenship/

[Junaidrai]

Dependant 1 – Wife

She Travelled to UK in Oct2015 the very first time. Then we got an extension back in Mar2017, her current leave under Tier 2 Gen. is expiring in Mar2020.
How is her leave impacted after I got ILR on Tier 2 Gen. 5 years routes?
Do I need to switch her to a different category immediately?
Or she can continue on her current leave till the expiry?
If she continues on her current leave, then I need to apply for further extension to complete her for 5 years on dependant route (as she will be short by 6months on expiry of her current leave) so she can apply for ILR.
Under what category will she apply for extension? If possible!
Objective is to keep her running on the required grant of leave so she can apply for the ILR earlier than later.

1. It is not impacted. Her visa remains valid.
2. No she does NOT have to switch into another visa category.
3. Yes, she can continue on her PBS Dependent visa.
4. Correct, apply for an extension shortly before her current visa expires. She applies as PBS Dependent and it will be a 3 year extension. IHS is £1200 plus visa fee.

Dependant 2 – Son (born in UK)

My Son was born in UK in Nov2016, we got his Pakistani passport and UK dependant visa and travelled back to Pakistan to introduce him to the family.
Then he got an extension back in Mar2017, his current leave under Tier 2 Gen. Dependant is expiring in Mar2020.

How is he impacted after I got ILR?
Does he need to continue on the current leave till Mar2020? And then apply for further extension as normal dependants?
Or Can I apply for his naturalisation now? If yes, then please guide me on the process?

1. Not sure why you think he is 'impacted'?? He simply can now be registered as British on form MN1 under Section1(3) of the nationality act.
2. Yes he can continue. No he does not need to extend his visa if you plan on registering the child as British.
3. Yes, you can apply to REGISTER his as British (only adults are naturalised).
4. Please ask your British Citizenship questions for your child in the British Citizenship sub forum as they are not relevant to the ILR sub forum.

british-citizenship/

Hi CR001,

Thank you very much for your prompt response.

defendant wife - extension will be must for 3 years cant go for less? isn't?

dependant son - will take it up on the British Citizenship sub forum

thank you once again. I really appreciate your help.

Regards,
JR

[CR001]

defendant wife - extension will be must for 3 years cant go for less? isn't?

The Immigration Rules Part 8 - PBS Dependents states that a 3 year extension will be granted to the dependent if the main PBS migrant has ILR or BC. So no, you cannot choose a lesser time for an extension.

[Junaidrai]

defendant wife - extension will be must for 3 years cant go for less? isn't?

The Immigration Rules Part 8 - PBS Dependents states that a 3 year extension will be granted to the dependent if the main PBS migrant has ILR or BC. So no, you cannot choose a lesser time for an extension.

thanks for sharing this. Its very unfortunate to pay 2 years extra IHS

Regards,
JR

[CR001]

defendant wife - extension will be must for 3 years cant go for less? isn't?

The Immigration Rules Part 8 - PBS Dependents states that a 3 year extension will be granted to the dependent if the main PBS migrant has ILR or BC. So no, you cannot choose a lesser time for an extension.

thanks for sharing this. Its very unfortunate to pay 2 years extra IHS

Regards,
JR

It is and unfortunately a refund of IHS is also unlikely.

[Junaidrai]

defendant wife - extension will be must for 3 years cant go for less? isn't?

The Immigration Rules Part 8 - PBS Dependents states that a 3 year extension will be granted to the dependent if the main PBS migrant has ILR or BC. So no, you cannot choose a lesser time for an extension.

thanks for sharing this. Its very unfortunate to pay 2 years extra IHS

Regards,
JR

It is and unfortunately a refund of IHS is also unlikely.

Exactly