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ILR- Through Tier 2 General-Dependent visa application and duration until main applicant gets ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mangesh_eng
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ILR- Through Tier 2 General-Dependent visa application and duration until main applicant gets ILR

Post by mangesh_eng » Mon Dec 28, 2020 6:16 pm

My wife is currently on tier 2 general visa valid till June 2021.
She would be eligible for ILR in 1st week of May 2021.
I am on a tier 2 general dependent visa since last 3.5 years and in employment with the dependent visa.
I would be eligible for ILR around March 2022 based on 5 years as Tier 2 dependent.
Our daughter is also in UK with dependent visa for around 4 years already.
Both my and my daughter's dependent visa is valid till 1st week June 2021.

I have following queries/assumptions to confirm in relation to dependents visas and ILR.

1. In May 2021, we aim to submit the ILR application for my wife ,preferable in Priority service.

Even with priority, is there a risk that I would not be able to submit my dependent visa extension (in time before 1st week of June 2021) ,due to delays in getting the decision on my wife's ILR?

I assume I cannot apply as (PBS) dependent while my wife's ILR application is still in progress.

My intent is to continue having the job ,that I currently have ,as a Tier 2 dependent.
What options ,if any, do I have to ensure the same?

2. Assumption -> My daughter would not be eligible for ILR till both me and my wife are with ILR.

3. Given that I only have another year for being ILR eligible(technically 10 months post June 2021) , is there any way for extending the dependent visa only for one year (meeting the 5 years for ILR)? This helps in avoiding paying the unnecessary funds paid as IHS charge.

Thanks for the help

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CR001
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Re: ILR- Through Tier 2 General-Dependent visa application and duration until main applicant gets ILR

Post by CR001 » Mon Dec 28, 2020 6:27 pm

1. You can apply for an extension if her ilr application is pending. Unclear why you believe you can't.

2. Daughter will be eligible when you apply.

3. No. The immigration rules state that it will be a 3 year extension. You cannot choose the length that suits you.
Char (CR001 not Casa)
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mangesh_eng
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Re: ILR- Through Tier 2 General-Dependent visa application and duration until main applicant gets ILR

Post by mangesh_eng » Mon Dec 28, 2020 7:25 pm

Thanks for the reply !

1. You can apply for an extension if her ilr application is pending. Unclear why you believe you can't.
-- As the ILR application for my wife would be in progress and subject to refusal, what reference of main applicant ( based on past applications it was generally a BRP number) can be used by dependent applications going in parallel?
Is it that i can use an in progress application reference number during the dependent visa application?

3. Ok . A bit of a disappointment( :( ) given the additional IHS charge would be unused service charge given it's I would be eligible for ILR within 10 months.
Just wondering if the IHS is ever refundable in such circumstances?

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CR001
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Re: ILR- Through Tier 2 General-Dependent visa application and duration until main applicant gets ILR

Post by CR001 » Mon Dec 28, 2020 7:41 pm

1. Yes reference number and a cover letter. If ilr fails, the dependent app will also fail.

2. No IHS refund if you apply for ilr.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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