Spouse visa for T2 Dependent applying for ILR

[uzair_zaman]

My Tier 2 visa is finishing in Nov 2016 and I will be applying for my ILR.
In Oct 2016, I will also complete by 10 years in UK BUT I am planning to apply on the basis of my 5 years of Tier 2 Visa (Oct 2011 - Nov 2016) instead of my 10 years stay (Oct 2006 - Oct 2016) --> This is because I have heard that Tier 2 to ILR is less painful and quicker (process) then ILR on the basis of my 10 Years continuous residence. Is that correct or just a myth?

Questions:
- My wife got her Tier 2 Dependent visa in May 2014 and she travelled to UK in Aug 2014.
- As she will be in UK for less that 5 years (obviously) by the time I will apply for my ILR (in Nov 2016), do I need to apply for her ILR Dependent visa (and which visa would that be) along with my ILR application?
- I am assuming as she will be moved from Tier 2 General Dependent to ILR dependent, so her 5 years clock will be reset and she can apply for her ILR by Nov 2021? Is that correct?
- Can we both send our applications at the same time (mine for ILR and her for ILR Dependent?

Please advise.
Thanks in advance!

[vinny]

If you are granted ILR under Tier 2 route, then your wife may continue as a PBS dependant until she qualifies for ILR around Aug 2019.

[uzair_zaman]

If you are granted ILR under Tier 2 route, then your wife may continue as a PBS dependant until she qualifies for ILR around Aug 2019.

Thanks a lot for your reply vinny.

Apologise for being thick, but once I will have my ILR, how could she apply for a PBS dependent (as I will not be on PBS/Tier 2 any more)?

Do you mean to say that, in Nov 2016 (when both of our visas are expiring), I will be applying for my ILR (using Form SET O) and at the same time I will fill in a online PBS dependent Form (https://visas-immigration.service.gov.u ... nt-partner) for my wife?
OR
Do I need to get my ILR first and then apply for her PBS dependent visa but in this case what if I don't get my ILR by the time my wife's visa gets expired (which we really don't want) and she would get over stayed?
And once she gets her PBS dependent visa, which I will apply for 2.5 to 3 years, as after 2.5 years her 5 years will be completed, she will be able to apply for her ILR (say around May 2019). Is my understanding correct?
Please advise.
May thanks!

[vinny]

Please click on given links for more information.

She should be granted 3 years, if you have ILR.

she travelled to UK in Aug 2014.

For a dependant partner, I think their 5 year qualifying period starts on initial entry as a dependant.

[uzair_zaman]

Hi Vinny,

Thanks alot for helping me earlier.

Quick question further to this topic,
1. Does my wife need to show bank statement for maintain?
1.1. If yes then as she hasn't maintained her statement, so could I show maintenance on her behalf?
1.2. and how much do we need to show?
2. Do I need to get a certificate of sponsorship assigned for her from my employer?

Many thanks in advance.
Uzair

[CR001]

1. Your bank statements if fine. I think it is £630 you have to show. Check the guidance notes.

2. No, she is not sponsored by your employer. CoS is not applicable to her PBS dependent application.

[uzair_zaman]

Guys,

I have a similar question but in my case, I will not be eligible to apply for my British Citizenship by Nov 2017 (I am currently on ILR granted in Nov 2016 and my wife is PBS dependent). Our child is due in July 2017, so if he/she borns outside UK, what would be the process of brining him/her to UK? and after brining our child to UK, would I be able to apply for his/her citizenship once I will get mine?

Thanks in advance.

[vinny]

Posts merged.

[uzair_zaman]

Posts merged.

Hi vinny,
I didn't' raise this question in this thread because it's not related to the question I asked in past in this thread.

[vinny]

The current thread contains information on how you had intended to apply for ILR.

Assuming you were granted ILR under PBS and not under Long residence:

Child may apply for PBS dependant visa in line with wife's.
Child should be eligible for ILR in line with wife.
Child may register for British citizenship after being granted ILR.

Note that wife's continuous leave under 319E may be broken if she spends more than 180 days outside the UK. Moreover, she cannot apply for entry clearance as a PBS dependant if you have ILR or British citizenship.