Dependant extension of a British Citizen with Tier 1 route

[rony47]

Hi @ CR001,
I believe my post will be relevant to this thread. If not, am sorry. I switched to PBS tier 2 dependant from PSW in 2013. My wife got ILR after completing five years in tier 2 category in 2015. I was advised by an immigration services to apply for ILR dependant and not as PBS dpendant by end of 2015. This morning i called the same immigration services to check when i can apply for my ILR, they are saying now, this has to be checked with home office whether i can apply or not. Please reply as time permits. Many thanks in advance.

[CR001]

Applying for FLR(M) in 2015 reset your clock to zero and you will only qualify for ILR with 5 years residence on your current visa.

You were given incorrect advice. Even in 2015, the rules permitted you to extend PBS dependent visa when your spouse got ILR.

See link below which explains and has links to the rules.

immigration-for-family-members/dependan ... 14832.html

[rony47]

@CR001
Thanks again. so hard for me to digest. I even had maintained my bank accounts at that time and kept asking why FLRM, he said they both are same, and i will be qualified for ILR on either route. Unluckily i didn't come to this forum to discuss, to ensure if i was instructed correctly. I just trusted as he was a qualified person. Lesson learned at a big cost. Many thanks to you and other members who take lot of effort to serve.

[CR001]

You must apply for an extension on FLR(M) before your current visa expires.

[rony47]

@CR001
Thank you, yes i will by next May2018. I have one more question. Sorry i have taken lot of your time already. My first son was born in India. Is it correct that he will not be eligible for naturalisation until i get my ILR. My son is with ILR status now and my 2 other kids have BC. I am asking this, because i have been consulting the same immigration services for the whole family last few years.

[CR001]

Did your son get ILR with your spouse??

He can only apply for citizenship if either parent is already a British citizen.

[rony47]

@CR001
Hi,
My son got his ILR as my wife's dependant same time as my wife in 2015. But i was told that he can be naturalised only when i get my ILR. My son's ILR is expiring in 2020. Change in my visa situation,i have to extend his ILR as well.Costing me a lot and unnecessary. My daughter was born in UK before my wife's PR, she got naturalisation after my wife's ILR and then BC.However i was told that my son will not be eligible since he was born in India. Please correct me if this is wrong. Thank you.

[CR001]

Yes one parent must be applying for BC and the other must have ILR for your son to qualify.

It is only his ILR card that must be renewed. It is not a new ILR application.

[rony47]

@ CR001 Thank you.