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ILR Eligibility for spouse- Changed Visa Type

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jackman
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Joined: Mon Mar 06, 2017 3:57 pm

ILR Eligibility for spouse- Changed Visa Type

Post by Jackman » Mon Mar 06, 2017 4:34 pm

Dear Experts,

I have a unique situation (I think):
Situation: I have been on a Tier 2 General visa and will be eligible for ILR visa in May 2017. My spouse came to UK in April 2012 on a Tier 2 ICT , staff migrant visa. However, her visa was changed to Tier 2 dependent in February 2013 and she has been on a Tier-2 dependent visa ever since and we have a son born in UK who is 2 year old now (on a Tier 2 dependent).

Question:
1. Is my wife eligible to apply for an ILR along with me? If not, does her visa need to be changed to ILR dependent after I get my ILR (she has tier 2 dependent visa until 03/2018)
2. Can I apply for ILR for my son? if not, does his visa type need to be changed after I get my ILR?

Any help will be hugely appreciated. Thanks.

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CR001
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Re: ILR Eligibility for spouse- Changed Visa Type

Post by CR001 » Mon Mar 06, 2017 4:47 pm

1. Is my wife eligible to apply for an ILR along with me? If not, does her visa need to be changed to ILR dependent after I get my ILR (she has tier 2 dependent visa until 03/2018)
No, she does not qualify with you. She can continue on her existing visa till she qualifies for ILR in 2018. No need to change visas.
2. Can I apply for ILR for my son? if not, does his visa type need to be changed after I get my ILR
?
Once you have ILR you can register your son as British. He does not require ILR for this.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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