Tier 2 to ILR queries

[madhu17]

My husband is on Tier 2 General visa from May 2011 and myself and my child are on Tier 2 general dependant visa from the same period.Our current Tier 2 general visa is expiring on May 4 2017 My queries are

Q1.When can we apply for ILR. Does 29 days before current leave expires applies to us as we have already completed 5 years.

Q2.My daughter Indian passport is expiring in June 2017. Is it better to get the passport renewal before the ILR visa or can it be done later.

With regard to dependant visa can you clarify this statement given on the official website for Family members:

they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

Since we got our tier 2 general visa in 2011. Does that mean I (dependant) just need to show 2 years continuous stay. The reason being I will be completing my 2 years continuous stay this March 2nd and we intend to apply for our ILR after that.

However if 5 years rule applies to me then I have been outside of UK for long time in this 5 years period. The periods are
16/7/2012 to 23/03/2013 maternity leave.
02/12/2014 to 02/03/2015 family illness

Could you advise how to go about these absence.

Thank you for your patience with all the queries I have. Look forward to hear from you.

[CR001]

Q1.When can we apply for ILR. Does 29 days before current leave expires applies to us as we have already completed 5 years.

You could have all applied already. It is 28 days before reaching 5 years residence.

Q2.My daughter Indian passport is expiring in June 2017. Is it better to get the passport renewal before the ILR visa or can it be done later.

Apply now is fine.

With regard to dependant visa can you clarify this statement given on the official website for Family members:

they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

Since we got our tier 2 general visa in 2011. Does that mean I (dependant) just need to show 2 years continuous stay. The reason being I will be completing my 2 years continuous stay this March 2nd and we intend to apply for our ILR after that.

However if 5 years rule applies to me then I have been outside of UK for long time in this 5 years period. The periods are
16/7/2012 to 23/03/2013 maternity leave.
02/12/2014 to 02/03/2015 family illness

Could you advise how to go about these absence.

Yes, pre July 2012 you only require 2 years residence assuming you have had no break in your visa etc. Your first absence might be a problem as the rules recently changed for PBS Dependents. Any absence of 180 days more in a 12 month cycle breaks continuity of residence. How the 12 months is calculated depends on when you apply for ILR and then counting 12 month cycles back wards. But the last two years are fine.

[madhu17]

Sorry but it not clear to me. So are you saying 5 years rule will apply to me as dependant and not 2 year. I was thinking the statement states 2 years if Tier2 visa was issued before July 2011 (which is the case with us) considering I will complete 2 years continuous stay this march precisely (march 2 2017) and we intend to apply after this date. Please clarify.

[CR001]

Where did I say the 5 year rule applies to you

Yes, pre July 2012 you only require 2 years residence assuming you have had no break in your visa etc

[madhu17]

Thank you for clarifying. Will the two year be calculated backwards from march 2017(when I am applying). In that case yes I was here for the whole period. No absence.

[CR001]

Yes