ILR & 3 Dependents

[SanK]

Dear All members;

My situation in brief.....

My husband (Sri Lankan) got tire 2 (General) visa for 3 years from his employer on 04th July 2012 and he entered UK 22nd July 2012.
Me and my son (5 years old now) (Sri Lankans) got dependent visa on 31st of July 2013 and entered in UK on 21st Sep 2013.

We 3 apply for our visa extension on on June 2015 and got our extension until 06th July 2018.

Our daughter was born in December 2015 and applied for visa in July 2016 (After she was registered as Sri Lankan citizen and got her Sri Lankan passport.) and she also got visa until 6th July 2018.

My husband will be applying his ILR on July 2017 as he is completing 5 years by that time.

I have so many confusions as three dependants of my husband.

1. Can we all (me, son and daughter) stay in the same visa we already have as tire 2 (general) - Dependent until July 2018 or do we all have to apply for ILR dependent visa ?

2. Can my son apply for ILR with his father in July 2017?

3. Can my daughter apply for BC registration after her father get his ILR or does she have to wait until her father become British Citizen (and /Or both parents become ILR holders or British Citizens)?

4. If we can stay at the same visa we already have until July 2018 what visa should we apply, to complete our 5 years resident before ILR?

please advise to get the best solution for this case.

[CR001]

1. Can we all (me, son and daughter) stay in the same visa we already have as tire 2 (general) - Dependent until July 2018 or do we all have to apply for ILR dependent visa ?

You can stay on your existing visa.

2. Can my son apply for ILR with his father in July 2017?

No. He will qualify for ILR when you do.

3. Can my daughter apply for BC registration after her father get his ILR or does she have to wait until her father become British Citizen (and /Or both parents become ILR holders or British Citizens)?

Yes, once your spouse has ILR you can apply to register your UK born child as British.

4. If we can stay at the same visa we already have until July 2018 what visa should we apply, to complete our 5 years resident before ILR?

You will need to apply for an extension as PBS Dependent. It will be a 3 year extension and you also have to pay the immigration health surcharge for each dependent applying.

[SanK]

Thank you for the replay and it helps a lot. Now the situation is more clear..

Regarding question number 2: Can my son (born outside UK) skip ILR and apply for British Citizenship registration when his father becomes British Citizen and I (mother) gets ILR?

Thank you...

[vinny]

It's risky. Some have succeeded and some have failed.

[SanK]

Thank you for the information related to my son.

Since I do have the visa until 6th July 2108 and me and my son only need only 75 days to complete my 5 years time in UK. Do I still have to apply for dependent visa for 3 years OR is there any other ways me and my son can complete that 75 days before ILR?

[CR001]

No other way. You will need to apply for an extension. If you apply by post and it is still in process when you qualify for ILR, you can vary your application.

[SanK]

Cant I apply for one year instead of three years?

[CR001]

No, it is a 3 year extension only and written into the immigration rules as such.

[SanK]

Thank you... This discussion really helps.

[Vaas]

I am not 100% sure but Since your visa is issued on 31st of july 2013 , you should be eligible for ILR 28 days before this date, ie 4th July 2018. So no need to do any extension. But please check with a solicitor. It is the date when the visa is issued that matters, IF you entered UK with in 90 days of visa issuance. Not the date when you arrived in UK.

[CR001]

I am not 100% sure but Since your visa is issued on 31st of july 2013 , you should be eligible for ILR 28 days before this date, ie 4th July 2018. So no need to do any extension. But please check with a solicitor. It is the date when the visa is issued that matters, IF you entered UK with in 90 days of visa issuance. Not the date when you arrived in UK.

For PBS Dependents, it is counted from the date of ENTRy to the UK for ILR and NOT the date of visa start.

[SanK]

Visa was issued 31 July 2013 and I entered U 21 of September 2013. That is 51 days after visa issue date,
So I'm completing 5 years by 20th September 2018 where my current visa expires on 06th of July 2018 That is 75 days before my 5 yeas. If I can apply 28 days before that is 75 - 28 = 47 days before my 5 years.

I want a method to minimise my cost as much as possible because this is the case for me and my son both. If I have to apply for three years extension (and my son too) it cost a lot. That's why I'm looking for a best solution.

By this time (6th July 2018) my husband can apply for British citizenship and my daughter already a British Citizen according to the discussion we had so far.

[CR001]

You will have to apply for an extension, there is no other option if you do not want your clock to be reset to zero.

If you apply by post, you can then apply to vary to Set(O) for ILR when you qualify provided HO have NOT made a decision on your dependent extension application.

[SanK]

Hi all;

Related to the above post, my husband got ILR last Tuesday. We are very happy to have that and this discussion helps me a lot while processing our application.

If anyone need any information I can give any how we was done. Thank you all for your kind help. We have three more dependants which belongs to different categories of visa I will contact you all again.

Thank you all.