ILR Rules for PBS Tier-2 Dependent

[harshitguptaiitr]

Please can you advise on the rules for ILR for a Tier-2 PBS Dependent:

Mother and child plan to apply for ILR in mid 2019.

Following is known:

1. Spouse has to pass Knowledge of Life i.e. Life in UK Test - valid for lifetime
2. Spouse has to pass Knowledge of Language at Level A1 - valid for 2 years
3. Spouse has to meet 5 year continuous residence requirement - Note she was out of UK for 178 days during pregnancy.
4. Pay applicable application fee.
5. Unsure about financial requirement for savings of husband...

Mar-2010: Tier 2 ICT Migrant Visa granted
Apr-2010: Arrived in UK and started employment
Feb-2014: Got Married and Spouse got Dependent Visa
Mar-2014: Spouse came to UK as Tier 2 Dependent
2015: Unfortunately, due to strong compelling personal reasons, did not apply for ILR
Oct-2015: Spouse went to home country during pregnancy
Mar-2016: Child born to the couple outside the UK.
Apr-2016: Child and mother comes back to the UK (Child spent less than 2 months in home country and mother spent 178 days) as a Tier 2 ICT Dependent with Visa validity Dec-2018
Sep-2016: Friend granted Indefinite Leave to Remain in the UK.
Nov-2016: Friend submitted child benefit form

Spouse is a house-wife and looking after the baby (i.e. not earning ANY money in the UK).

Family has following plans:
Father will apply for British Citizenship in late 2017.
Mother and child plan to apply for ILR in mid 2019.

[CR001]

English B1 is required for ILR. She will not be successful is she applies with A1.

Absence is fine. There is no absence limit for PBS Dep but absence should be limited and for good reason.

[harshitguptaiitr]

Thanks.

Please can you advise me:

1. What are the requirements for finances?
2. Is it SET(O) form that is required?
3. Anything else to keep in mind?

EDITED:

I guess the following link will apply to the case: https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

[harshitguptaiitr]

Hello

For the case described above, can we get help on the following as well please:

1 - Will wife and child have to apply for Tier 2 Dependent first and then apply for ILR in 2019? Note that current Tier 2 Dependent Visa expires in Dec 2018 and wife was granted first Visa in Feb 2014 and came to UK in Mar 2014.

2 - If Tier 2 Dependent extension is required first - then does wife need to pass English language requirement as well for Tier-2 application, or is it required only for ILR application?

3 - Wife has no employment or income in the UK, will that impact her eligibility for ILR?

4 - Will the child have to pay full ILR application fee considering that child will be around 3 years old at the time of ILR application?

Thanks!

[CR001]

1 - Will wife and child have to apply for Tier 2 Dependent first and then apply for ILR in 2019? Note that current Tier 2 Dependent Visa expires in Dec 2018 and wife was granted first Visa in Feb 2014 and came to UK in Mar 2014.

Correct.

2 - If Tier 2 Dependent extension is required first - then does wife need to pass English language requirement as well for Tier-2 application, or is it required only for ILR application?

Only required for ILR.

3 - Wife has no employment or income in the UK, will that impact her eligibility for ILR?

No issue.

4 - Will the child have to pay full ILR application fee considering that child will be around 3 years old at the time of ILR application?

Yes. There is no discount for children.

[harshitguptaiitr]

Thanks for the prompt response.

Is there any other route for the child to get ILR / Citizenship - considering the age and other factors listed below?

• Child was 7 weeks old when moved to the UK
• Child has spent only 4 weeks outside the UK since then - for tourism purposes.
• Father of the child has ILR
• Mother has been resident in the UK for 2 years before the birth of the child

[CR001]

Is there any other route for the child to get ILR / Citizenship - considering the age and other factors listed below?

No. Child will follow the same path as the mother.