Tier 2 to ILR - main applicant applys first

[jimmylin]

Hi,

I got my Tier 2 visa in oct 2012, so I can apply for ILR next month this year.
However, my wife got her Tier 2 Dependant visa in December 2012. She was under PSW before. But we have been living together since 2010 in the same place now.

So the question is can we apply for the ILR together next month? Or do we have to wait until December?

Thanks.

[CR001]

She must have 5 years residence as PBS dependent to qualify. You don't state is she applied from outside or within the UK for her visa in 2012, this will make a difference on when she qualifies.

[jimmylin]

She had to apply Tier 2 Dependant visa in her original country. So she went back and got the visa in 14/12/2012. Then she re-entered the UK in 10/01/2013. So in this case, can we apply together in December or we have to wait til January 2018?

[CR001]

She can apply no sooner than within 28 days before 10th January 2018. For PBS dependents, it is calculated from the date of entry to the UK.

You also don't have to apply together. You can apply when you qualify and then she can apply when she qualifies if you wish to do it like that.

[jimmylin]

I see. Thanks a lot!

[CR001]

Bear in mind that if your ILR applications fails, her ILR application will also fail.

If you apply separately and yours delayed, hers will also be put on hold.

[jimmylin]

Hi,

I can apply for ILR next month but wife has to apply around next year (she is holding a Tier 2 dependant visa now).

We have two uk born children (both under 3 years old), one has a Tier 2 dependant visa.

Can the two children apply for ILR next month with me? Or do they have to wait until the mother has obtained ILR?

Thanks.

[CR001]

Do you plan on registering the children as British??

If yes, then they DO NOT require ILR.

If no, then they will likely qualify when the other mother does.

[jimmylin]

ok thx.

[jimmylin]

Hi,

I know this might sound stupid. I will apply the ILR first and the wife will apply later after 2 months (cuz she will not have full 5 years residency until then).

So the question is: during my PEO application if the officer asks me why we don't apply ILR together, what is the best response? We don't have any particular reasons, I just want it to be done ASAP.

[CR001]

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[CR001]

So the question is: during my PEO application if the officer asks me why we don't apply ILR together, what is the best response? We don't have any particular reasons, I just want it to be done ASAP.

Already answered. They won't ask and besides, they know the rules. You are overthinking it. If you are that stressed about it, then apply together when your wife qualifies.