Urgent Help: Tier 2 dependent ILR application

[sriram310]

Hi Everyone.

we are due to apply for ILR and I got few queries regarding our dates and eligibility. My wife is the primary applicant and my son and I became her dependent switching from a 5yrs ICT visa. My daughter was born in UK after we switched to Tier2 general in 2019.

The dates are as follows.

Tier 2 general 3 years visa primary applicant - Wife

COS Assigned - 12.03.2019
COS Work Start Date - 01.04.2019
COS Work End Date - 31.03.2019
Application Submitted Date - 14.03.2019
Appointment Date - 18.03.2019
Visa Approval Letter Date - 08.04.2019
Visa Issue Date in Passport 08.04.2019
Arrival in UK Date - 13.04.2019
BRP Start Date - 23.04.2019
BRP End Date - 14.04.2022

Tier 2 general 3 years PBS dependent for myself and my son (born in India)

Application Submitted Date - 03.05.2019
Appointment Date - 11.05.2019
Visa Approval Letter Date - 14.05.2019
BRP Start Date - 14.05.2019
BRP End Date - 14.04.2022

life events - My daughter was born in the UK on 3rd June 2019. when we applied for the 2yrs extension we applied for her too.

Tier 2 skilled worker visa 2 yrs extension for all 4 of us.

COS Assigned 30.03.2022
COS Work Start Date 01.04.2022
COS Work End Date 31.03.2024
Application Submitted Date - 04.04.2022
Appointment Date - 06.04.2022
BRP Start Date 20.04.2022
BRP End Date 14.04.2024

Questions

1. When will my wife as primary applicant complete 5 years?
2. Which start date is considered to calculate her 5yrs time period? Tier 2 decision letter date, Visa stamping date or BRP start date?
3. After which date is my wife as the primary applicant eligible to apply for ILR?

Questions regarding application for PBS Dependent - My son and me

4. Which start date is considered to calculate the 5-year period for my son and me as our BRP start date shows 14.05.2019 and the end date is 14.04.2024? Have we completed the 5 years to apply for ILR?
5. After which date can my son and I apply for ILR?
6. If my son are I have not completed 5yrs period then what are the alternate options?
6. Since my daughter was born in the UK on 03.06.2019 (4.5 years now), can we immediately apply for naturalisation?

Additional Information - I came to the UK with my wife and son on 30th May 2014 in ICT and switched to Tier 2 general skills in 2019 and have valid BRP card till 14.04.2024. We are short of 45days to complete 10yrs.

I appreciate if anyone could please give me clarity if we are eligible and when we can apply for ILR or what are the alternate options.

Thanks in Advance.

[zimba]

1. Visa Approval Letter Date: 08.04.2019 + 5 years
2. Visa Approval Letter Date: 08.04.2019
3. Visa Approval Letter Date: 08.04.2019 + 5 years - 28 days (The earliest ILR eligibility date)

Children do NOT have a residence requirement. He simply settles with you

4. Visa Approval Letter Date: 14.05.2019

5,6. The date of application is not important. The date of ILR decision must be on or after: 14.05.2019 + 5 years - 28 days

See: How to apply early and benefit from the date of the ILR decision ?

7. Children do NOT naturalise, they get registered. She can be registered after your wife gets ILR, using form MN1. She does not need a visa or ILR.

[sriram310]

Hi Zimba,

Thank you for your response. Appreciate the links they gave me some clarity.

the following 2 are clear and straightforward from your response.

a) My wife - Visa Approval Letter Date: 08.04.2019 + 5 years - 28 days (The earliest ILR eligibility date) She can apply on or after 10.03.24.
b) My daughter - Apply for naturalisation when my wife gets ILR using form MN1.

For My son and me -

Visa Approval Letter Date: 14.05.2019 + 5 years - 28 days (The earliest ILR eligibility date) = we are eligible to apply on are after 18.04.24 however our BRP ends on 14.04.24 (4 days before we are eligible to apply).

• If we apply before 14.04.24, we are applying 32+ days earlier than the 28-day.

• Our visa was approved only for 4yrs and 11 months. BRP start date - 14.05.2019 and BRP end date - 14.04.2019.

if I submit my application on 13.04.24 or before

1. Will our application be rejected because I'm applying 33+ days ahead of the 28-day rule?
2. Will our application be rejected because our visa itself was only given for 4yrs 11 months?

I thank you for supporting this community and helping anxious and nervous applicants like me.

[zimba]

There is no 28-day rule, that is just a concession given to all ILR applicants where you will become eligible for ILR within 28 days of completing your qualifying period and ILR can be granted from that point onwards, so you do NOT even need to complete the 5 years.

I already explained why the date of your application is NOT that important. Did you click the link and read what I explained ???

[sriram310]

Hi Zimba,

A quick clarification regarding the family consent form for ILR Set O application.

My wife as primary applicant we are providing 5yrs council tax bills which is in both of our names as proof. The council tax direct debit is paid from my bank account.

PART 1: Consent for the Home Office to verify application information - Signed by my wife
PART 2: Consent for the Home Office to verify third party information - Signed by me
PART 3: Consent for the Home Office to verify information from third party sponsor - Should both my wife and I sign this or leave it blank?

Thanks in advance.

Best Regards,
Ram.

[CR001]

Part 3 is NOT required!

[AmazonianX]

Hi Zimba,

A quick clarification regarding the family consent form for ILR Set O application.

My wife as primary applicant we are providing 5yrs council tax bills which is in both of our names as proof. The council tax direct debit is paid from my bank account.

PART 1: Consent for the Home Office to verify application information - Signed by my wife
PART 2: Consent for the Home Office to verify third party information - Signed by me
PART 3: Consent for the Home Office to verify information from third party sponsor - Should both my wife and I sign this or leave it blank? Not to be signed

Thanks in advance.

Best Regards,
Ram.

[sriram310]

Thank you very much Zimba and AmazonianX! My wife submitted her application yesterday and she booked an appointment for today at Bristol. She's submitted her biometrics too. Since she has applied for priority we hope to hear soon from.

I thank you very much for your swift responses! I will keep you posted on the outcome.

[sriram310]

Hi Zimba,

I thank you very much for answering my queries. The application was successful and my wife got her BRP on Wednesday. I truly appreciate your effort to support anxious applicants like me. I would've been lost in analysis paralysis if you and this forum didn't exist.

Many Thanks for your help.

Best Regards,
Ram.

[smartbuddy82]

Hi Zimba,

I thank you very much for answering my queries. The application was successful and my wife got her BRP on Wednesday. I truly appreciate your effort to support anxious applicants like me. I would've been lost in analysis paralysis if you and this forum didn't exist.

Many Thanks for your help.

Best Regards,
Ram.

Congratulations ! Yes Mods of these forums are very helpful and more knowledgeable than even some of the solicitors who dish out wrong information many times.

[sriram310]

Hi All,

Hope you are doing well. Though I've filled all the form a month ahead while reviewing it today before submitting my application i doubt what i filled is right. Any help is much appreciated as i have to submit the form today.

My wife got her ILR and her ILR BRP card last month after completing 5yrs on Tier 2 Skilled worker visa , now my son and I are applying for ILR using Set O form.

My queries are as follows

Q1 - In which category are you applying for indefinite leave to remain?
I chose the category as Skilled worker, Tier 2 or International sportsperson dependant. - Is this the right option?

Under the section 'the person you are joining or accompanying' I filled my wife details

Q2 - Enter their biometric residence permit (BRP) number - Do I enter the ILR BRP number or the last tier 2 extension BRP no?
Q3 - Which visa is Mrs xxxxxxxxx applying for or has been granted? - I chose the Skilled Worker visa as ILR is not found in the list. - Is this right? as she already got her ILR.
Q4 - Do you have one of these reference numbers for Mrs xxxxxxxxx? - I entered the VAF no in the tier 2 skilled visa stamping issued in 2019 in the passport. - Is this right?
Q5 - When did you first enter the UK? - I came into UK on 30th May 2014 in ICT visa and did a in-country switching on 14th May 2019 as Tier 2 dependent - Which date should i enter for this?
Q6 - The form asked my travel history but never asked the travel history of my son. Is this okay?

Thanks in advance!

Regards,
Ram.

[CR001]

Q1 - In which category are you applying for indefinite leave to remain?
I chose the category as Skilled worker, Tier 2 or International sportsperson dependant. - Is this the right option?

Yes.

Q2 - Enter their biometric residence permit (BRP) number - Do I enter the ILR BRP number or the last tier 2 extension BRP no?

Either, doesn't matter.

Q3 - Which visa is Mrs xxxxxxxxx applying for or has been granted? - I chose the Skilled Worker visa as ILR is not found in the list. - Is this right? as she already got her ILR.

Fine.

Q4 - Do you have one of these reference numbers for Mrs xxxxxxxxx? - I entered the VAF no in the tier 2 skilled visa stamping issued in 2019 in the passport. - Is this right?

ILR BRP number.

Q5 - When did you first enter the UK? - I came into UK on 30th May 2014 in ICT visa and did a in-country switching on 14th May 2019 as Tier 2 dependent - Which date should i enter for this?

Doesn't matter which date you use. It does not determine your eligibility. Put the earlier date.

Q6 - The form asked my travel history but never asked the travel history of my son. Is this okay?

Fine.

[sriram310]

Hi Thank you for your swift response.

For Q4 - Do you have one of these reference numbers for Mrs xxxxxxxxx? - I tried entering the ILR BRP number but it doesn't allow me to save with an error message ' Enter numbers only'. My wife's ILR BRP card number is RTXXXXXXXX. it doesnt accept the 'RT'.

Q5 - When did you first enter the UK? - are you recommending me to enter my entry date according to my previous ICT visa?

Just to clarify I was the primary applicant in the ICT visa and I'm a Tier 2 PBS dependent of my wife in my current visa.

Thanks in advance.

Regards,
Ram.

[CR001]

For Q4 - Do you have one of these reference numbers for Mrs xxxxxxxxx? - I tried entering the ILR BRP number but it doesn't allow me to save with an error message ' Enter numbers only'. My wife's ILR BRP card number is RTXXXXXXXX. it doesnt accept the 'RT'.

Enter the reference number from when she applied for ILR. I am positive the question might say 'if known'.

Q5 - When did you first enter the UK? - are you recommending me to enter my entry date according to my previous ICT visa?

Yes, this question is not important and you won't be refused simply by answering honestly.

Just to clarify I was the primary applicant in the ICT visa and I'm a Tier 2 PBS dependent of my wife in my current visa.

It doesn't matter.

You are overthinking.

[sriram310]

Thank you for your quick response.