ILR for dependent wife with 58month stay

[Hamid1353]

Hi evrybody,
I obtained my Tier 2 visa on January 20, 2020, and my wife and son received their Tier 2 dependent visas on March 1, 2020 (their BRP card are issued Feb 23, 2020). Last February, I switched to a Global Talent Visa (GTV) and have since received my ILR. However, my wife and son’s Tier 2 dependent visas are set to expire on December 31, 2024, which is two months before they complete their five-year residency required for ILR eligibility.

What is the most efficient and cost-effective way to manage this two-month gap in their eligibility to apply for ILR?

Your help ts greatly appreciated.
BR - Hamid

[vinny]

Although their BRPs expire on December 31, 2024, do their leave actually expire then?

One way:
Make use of waiting times. Extend shorty prior to expiry of leave for a further 3 years. Choose a late appointment to enrol biometrics. When eligible for ILR, vary their pending extension applications to SET(O). Expect a refund.

[zimba]

The earliest date of LR eligibility is (the date of first visa approval + 5 years - 28 days). Their first visa issue/approval date is the issue date on their BRP.

The best way is to avoid any extension and go for ILR before visa expiry and delay the biometrics (up to 45 working days) until within 28 days of completing the 5 years when ILR can be granted. This is possible because they can benefit from the date of ILR decision.

See: Applicants can benefit from the date of the ILR decision

[vinny]

Agreed. There are basically two options, as described above.

@zimba’s option of skipping an extension may indeed be more suitable in your case, as they are close to being eligible for ILR.

[Hamid1353]

Hi Both,

Thank you for your prompt and kind reply.

I see that their BRP cards were issued on February 23, 2020. I’ll double-check when their visas are due to expire, but it’s most likely around the time my Tier 2 visa would have expired (before January 20).
Honestly, the cost of applying for an extension (including fees and the IHS) is quite high, especially since we’d only need a 1-2 month extension.

@Zimba, could you please elaborate on your approach that avoids the need for an extension? I’m a bit unclear, as my understanding is that I can only apply for ILR within 28 days before my dependents complete 5 years in the UK. Can I apply for ILR when there are still 50 days left before my wife completes her 5-year stay?

Your assistance is truly appreciated and never forgotten.
Best regards, Hamid

[zimba]

You need to understand how lawful residence is accumulated when you are under section 3C.
Did you click on the link I shared above and read the explanations ??

[Hamid1353]

Thank you for your prompt reply, as always. I just read the link.
I believe I now understand what you mean. We can apply for ILR earlier than the 5 years minus 28 days, but we can postpone the biometric appointment until we’re within the 5 years minus 28 days, ensuring that on the decision date, my dependents meet the ILR eligibility requirements. Am I correct?
If so, that’s a very smart solution and knowledgeable advice.

I apologize for asking, but have you encountered similar cases where this approach was successful without any issues?

Again, thank you so much, Zimba. You are super knowlegable!

[Hamid1353]

Hi Again,
I have reviewed some parts of Section 3C leave and understand it to some extent, but I’m still a bit confused. Could you please clarify where it states that a Skilled Worker dependent is allowed to apply for ILR 40-50 days before completing five years of continuous lawful residence in the UK? Everything I’ve found so far indicates that "as a Skilled Worker dependent, you can apply for Indefinite Leave to Remain (ILR) in the UK up to 28 days before completing five years of continuous lawful residence."

I apologize for being overly cautious, but any mistakes in interpreting immigration rules could have significant consequences for us.

Best regards, Hamid

[zimba]

There is no misinterpretation and what you have been advised is common knowledge. We have given this advice to hundreds before you for many years. You cannot be refused ILR when you accumulate the required lawful residence. Section 3C extends your visa and the caseworker calculates your lawful residence up to that point. So the date of application is not that important then. I showed you the relevant immigration rules which make this very clear explicitly. The whole 'apply within 28 days of completing your 5 years' is quite generic, you can do better than that by understanding the rules as I showed.

[Hamid1353]

Hi Zimba,
Thank you for your kind and helpful advice.
I managed to get the eVisa for my wife, including detailed information about her Tier 2 dependent visa. Her BRP card was issued on February 21, 2020, and her eVisa expires on January 2, 2025. Unfortunately, she and my son have about 50 days left before they complete the 5-year requirement for ILR eligibility. Even if I were to renew their Tier 2 dependent visas for another year, it would cost us £4-5k just for those 50 days.
Could you please advise on what we can do in this situation? I'm happy to consult a knowledgeable immigration attorney to help us avoid paying this significant amount, especially during such an economic crisis.
Your valuable advice is always appreciated.
Best regards, Hamid

[vinny]

An extension will be for 3 years.

[Hamid1353]

My dependents (wife and son) need only 50 days to be ligible for ILR. renwing for 3 years costs me a huge amount...I am positive that there should be more effecint and cost-effective approach. Please help me experts!
BR - Hamid

[zimba]

The earliest date of LR eligibility is (the date of first visa approval + 5 years - 28 days). Their first visa issue/approval date is the issue date on their BRP.

The best way is to avoid any extension and go for ILR before visa expiry and delay the biometrics (up to 45 working days) until within 28 days of completing the 5 years when ILR can be granted. This is possible because they can benefit from the date of ILR decision.

See: Applicants can benefit from the date of the ILR decision

??

[Hamid1353]

Dear Zimba,
Your kind advice would save me a huge amount of stress plus a few thousands UKP.
Special appreciation for your advice mate!
BR - Hamid

[vinny]

@zimba’s option also takes advantage of an in-time ILR application, followed by an acceptable late biometrics appointment. Section 3C should be more than adequate for your dependants. If they are eligible (preferably after completing the qualifying period to remove all doubts) on the date of the decision, then the date of applications becomes irrelevant.