My daughter eligible for ILR without staying 5 years in UK

[Vasanth287]

Dear Sir/Madam,

Visa Type : Tier-2 General (3 years) and 2 years extended with Skilled worker visa
My UK VISA Start date : 04/08/2018
Date I entered UK : 28/08/2018
BRP Validity End : 26/08/2023

My Daughter Visa Start date : 26/10/2018
Date She entered UK : 20/11/2018
BRP Validity End : 26/08/2023

I think I am eligible to apply for ILR starting from 06/07/2023 (28 days less than 5 years starting from 04/08/2018), My daughter born in India and she joined as my dependent did she eligible to apply for ILR along with me or she has to wait to finish her 5 years stay in UK before she apply?

I am planning to apply my ILR on fast track, If my daughter is eligible for ILR can I apply her application as standard ?



Thanks & Regards
Vasantha

[secret.simon]

What is the UK immigration status of the other parent?

[meself2]

What's the status of other parent?

[Vasanth287]

My wife Joined as my dependent and her Visa dates are as follows

My Wife Visa Start date : 29/10/2018
Date She entered UK : 20/11/2018
BRP Validity End : 26/08/2023

Since she is not finished her 5 years stay in UK she is not eligible for ILR and needs to extend her Visa as a skilled visa dependent.

[CR001]

Your daughter will qualify to apply for ILR when your spouse does.

[Vasanth287]

Your daughter will qualify to apply for ILR when your spouse does.

Thanks for the confirmation.

[Vasanth287]

Dear Sir/Madam,

Main Applicant ILR application approved on 15/07/2023, before I was on Skilled worker Visa.

Spouse/Daughter current Visa going to Expire on : 26/08/2023
Eligible for ILR :
UK visa vignette start date : 29/10/2018

Since there is more than 1 month gap between Visa expiry to ILR eligibility I am planning to apply for there extension and I have below queries.

1. Is it possible to apply for only 6 months Visa so that I can pay only 50% of the IHS fee

2. Extending there Visa using the Skilled worker dependent visa extension route, hope this is correct

3. what is the start date I need to input on the application, is it 26/08/2023 (current visa expiry date?)


Thanks & Regards
Vasantha

[Vasanth287]

Can someone pls answer my questions thanks

[vinny]

M

[zimba]

Dear Sir/Madam,

Main Applicant ILR application approved on 15/07/2023, before I was on Skilled worker Visa.

Spouse/Daughter current Visa going to Expire on : 26/08/2023
Eligible for ILR :
UK visa vignette start date : 29/10/2018

Since there is more than 1 month gap between Visa expiry to ILR eligibility I am planning to apply for there extension and I have below queries.

1. Is it possible to apply for only 6 months Visa so that I can pay only 50% of the IHS fee

2. Extending there Visa using the Skilled worker dependent visa extension route, hope this is correct

3. what is the start date I need to input on the application, is it 26/08/2023 (current visa expiry date?)


Thanks & Regards
Vasantha

1. No
2. Correct
3. Not sure what you mean by that

[Vasanth287]

Thanks Zimba for your response.

I am submitting the Skilled worker dependent visa for wife outside UK. On the IHS page below dates are inputted for IHS fee calculation

Employment start date : 10/09/2023 (date we are travelling back to UK)
Employment End date : 31/01/2014 (By this time she will be eligible for ILR)

My BRP Expire date : 31/12/2024 ( from my ILR BRP card)

with this dates IHS fee is calculated for 1 and half year, I am thinking they calculated my ILR BRP expire date as the VISA end date ? Can I change the My BRP Expire date : 31/01/2024 so that I can pay IHS only the dates I need visa.

Any quick response much appreciated. Thanks.

[zimba]

The dependant visa is granted for 3 years if you have ILR. This is fixed and you can not request a shorter period. You must pay 3 years of IHS fees then.
The immigration health surcharge online system is not smart enough to calculate this automatically. ILR has no expiry date. You should enter a date that is 3 years in the future to get a correct IHS calculation. Otherwise, the system will charge you less and the caseworker has to request you to pay the remaining fees, delaying the application.

[Vasanth287]

Thanks a lot for your quick response.

[Vasanth287]

Dear Sir/Madam,

Can you please clarify my query about the 5 years continuous period of stay in UK.
As my dependent my wife and kid got permission to stay in UK.

Visa Type : Tier-2 General (3 years) and 2 years extended with Skilled worker visa
My Wife Visa Start date : 29/10/2018
Date She entered UK : 20/11/2018
BRP Validity End : 26/08/2023

Since she is not finished her 5 years stay in UK by 26/08/2023, I submitted extension application from India on July 26th (VFS appointment date) via Skilled worker dependent visa extension route. Her application was successful and her new Visa starting date is 10 Sep 2023. Now my question is her previous Visa was expired on 26/08/2023 and new Visa starts on 10 Sep 2023 (From 24th July to 10 Sep 2023 she is in India) is there any problem in December 2023 when I apply for her ILR under 5 years route.


Thanks & Regards
Vasantha

[vinny]

Okay, since

CR 4.1.(d) the applicant does not, or did not have permission, unless:

(ii) the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or

is true.

[Vasanth287]

Thanks a lot for your quick response.

[vinny]

Also check that wife’s absences from the UK are acceptable.

[Vasanth287]

Dear Sir/Madam,

My daughter and wife current Skilled worker dependent visa will expire on 10/10/2026. They are eligible for ILR from this month, If I apply for there ILR this month the IHS fee which I paid for 3 years will be refunded (I mean part of it) ??

Thanks & Regards
Vasantha

[CR001]

No IHS refund.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain

[meself2]

No.
https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:
[...]
you’re applying for indefinite leave to remain

Edit: beaten by CR001