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Anniversary for in-country tier 2 to ILR

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jjk66
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Anniversary for in-country tier 2 to ILR

Post by jjk66 » Wed May 10, 2017 11:05 pm

Hi, I was on Tier 4 visa till 31/01/2013. Job started from 31/01/2013 and applied Tier 2 general the same day. SAR indicates application recorded on the same day. Payment taken 05/02/2013. Tier 2 general visa granted on 13/04/2013.

My wife is on her own T2 general visa. She can apply ILR from 18/12/2017.
Child is born in the UK and is currently a dependent on my visa.

Question 1: Which date is the anniversary of my 5 year route? Visa application date in January or visa issue date in April?

If it is in April, it looks like I need apply Tier 2 extension. However, I can apply ILR from the 10 year route in 10/2017.

Question 2: Is it possible to apply ILR for child if one parent settle in using 5 year working visa and another settle in using the 10 year route?

Thanks in advance.

vinny
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Re: Anniversary for in-country tier 2 to ILR

Post by vinny » Wed May 10, 2017 11:43 pm

1. April.
2. UK born child will be entitled to register for British citizenship directly/immediately after they grant a parent's ILR.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

jjk66
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Re: Anniversary for in-country tier 2 to ILR

Post by jjk66 » Wed May 10, 2017 11:48 pm

vinny wrote:1. April.
2. UK born child will be entitled to register for British citizenship directly/immediately after they grant a parent's ILR.

Thank you very much for your reply.
We don't want to apply for British citizenship for the child yet.

BTW, do you have any idea about question 2?

jjk66
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Child dependent

Post by jjk66 » Thu May 11, 2017 1:43 pm

Hi, I am currently on Tier 2, but it is shorter than 5 year so I decide to use the 10 year route for IRL.
My wife is on her own Tier 2.

Can my child (currently my dependent) apply IRL when I apply using the 10 year route and my wife using the 5 year route?

Thanks in advance.

vinny
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Re: Anniversary for in-country tier 2 to ILR

Post by vinny » Thu May 11, 2017 1:58 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

iworker
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Re: Anniversary for in-country tier 2 to ILR

Post by iworker » Thu May 11, 2017 4:23 pm

once both parents have ilr, child's ilr can be applied as well

jjk66
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Re: Anniversary for in-country tier 2 to ILR

Post by jjk66 » Thu May 11, 2017 4:31 pm

iworker wrote:once both parents have ilr, child's ilr can be applied as well
So there is no restriction how the ILR is obtained (10 year long residency or 5 year working) ?
The child is currently a dependent of mine. So when I apply ILR using the 10 year route, will the dependent visa become invalid ? Is it necessary to change the child to be a dependent of the mother?

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CR001
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Re: Anniversary for in-country tier 2 to ILR

Post by CR001 » Thu May 11, 2017 6:14 pm

If you apply for ILR based on long residence, your child can apply to ensure a PBS dependent on the mother.

Long residence ILR does not permit dependents to apply for ILR with you.
Char (CR001 not Casa)
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jjk66
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Re: Anniversary for in-country tier 2 to ILR

Post by jjk66 » Fri May 19, 2017 5:08 pm

CR001 wrote:If you apply for ILR based on long residence, your child can apply to ensure a PBS dependent on the mother.

Long residence ILR does not permit dependents to apply for ILR with you.
Thank you for your reply.

It looks like from Home office's website, if both obtained ILR first and apply ILR for the child later, then the child doesn't need to switch dependent on the mother. Hope my understanding is right.

https://www.gov.uk/settle-in-the-uk/y/y ... t-applying

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