ILR application ahead of dependents (Tier 2G 5-yr Route)

[tan3]

Hello,

I'd like to first thank the folks involved in answering queries that are so useful.

Then, I have a query that I couldn't find an exact (official) answer to in this forum, nor in gov.uk guidelines.

I and my family got Tier 2 (G) visa together in Dec 2012. I traveled in Feb 2013 whereas my dependents in Apr 2013. Since then we renewed together here in Oct 2015 and it is valid till Oct 2018. So we all acquire ILR eligibility of 5 years residence well within that. Also, my sponsor has been the same throughout.

My question is, should we necessarily go for ILR together in Apr 2018? Or if I can apply when I become eligible (technically in Jan 2018, perhaps even in Dec 2017 since migrants are allowed to apply in line with first leave to entry date), what should my dependents do? I've read about them having to apply to extend as PBS dependents on the same day, but since they already have enough leave covering till they become eligible (in Apr 2018), it doesn't make sense to me that they should unnecessarily extend it to another 3 years, especially since I have remained in PBS category throughout!

In this forum I read a couple of posts where it was suggested that dependents need not extend in such a case I couldn't find any official rule stating the same. Could you please advice? I'd like to apply for me first, but obviously, I don't want to risk hefty fee loss if they refuse theirs.

Thanks!

[CR001]

You can apply first and then apply for your dependents when they qualify (counted from date of entry to the UK) or you can all apply together within 28 days before the 5 year mark of your dependents entering the UK.

There is no requirement to apply for an extension if they have valid leave till October 2018.

[tan3]

Thanks, CR001. That was quick.

I think I've seen similar answer in this forum before. But with due respect where is it specified? Could you please point at UKVI immigration policy/guideline or any official source which confirms it, because I can't seem to find it?

Thanks!

[CR001]

There isn't one. The PBS dependents that apply for the extensions are those that don't have enough visa to reach 5 years. If the spouse has enough visa left to reach ILR then why would they need an extension, it doesn't make sense. The immigration rules clearly state that the PBS dependent requires 5 years residence to qualify for ILR and must have a valid visa at the time of application.

Unless you can provide a specific link to a topic (recent not from years ago) where this is stated as you say, then I can't comment on what you have read or interpreted.

[tan3]

No, I'm also saying that I've seen you replying to other posts that dependents don't need extension if they have leave to remain till their ILR. In those posts you have generally quoted this forum topic => immigration-for-family-members/dependan ... 14832.html

In addition to unclear immigration rules that allow this, what confuses me are some external websites (like this one for instance quoted in this forum topic => uk-tier-2-employer-sponsored-visas/ilr- ... 21009.html), which was quashed but I couldn't find an official link for quashing it!

From the rules (319E) it's unclear to me that Tier 2 dependent's current leave remains valid even after Tier 2 general migrant has changed status to a different category (ILR).

[CR001]

No, I'm also saying that I've seen you replying to other posts that dependents don't need extension if they have leave to remain till their ILR. In those posts you have generally quoted this forum topic => immigration-for-family-members/dependan ... 14832.html

In addition to unclear immigration rules that allow this, what confuses me are some external websites (like this one for instance quoted in this forum topic => uk-tier-2-employer-sponsored-visas/ilr- ... 21009.html), which was quashed but I couldn't find an official link for quashing it!

From the rules (319E) it's unclear to me that Tier 2 dependent's current leave remains valid even after Tier 2 general migrant has changed status to a different category (ILR).

If you read the first link you have quoted above, you will see that the rules permit the PBS dependent to remain as PBS Dependent but ONLY if you apply for ILR based on 5 years Tier 2. The rules are very different if you were applying for ILR based on long residence and this might be some of the confusion for you.

If your spouse is nearing 5 years residence and still has valid leave past her ILR qualifying date, she DOES NOT have to apply for an extension.

[tan3]

Hi CR001,

I have a related question, considering I will go ahead of my 5-yr route dependents.

I came to the UK around 45 days after entry clearance visa was issued outside. I know that the present rules allow the visa date as the starting date for continuous residence calculation. But what is not clear to me is that does the "within 28" days calculation allowed for the PSC appointment also apply ON TOP OF this?

In other words, can I book appointment for a day upto 28 days BEFORE the entry clearance visa start date? That will make it quite sooner compared to my 5 year anniversary date!

regards,

[CR001]

In other words, can I book appointment for a day upto 28 days BEFORE the entry clearance visa start date?

Yes.

See page 14 in this link (click)

[tan3]

Just to close the thread and for the benefit of those in the same situation:

As queried and planned here, I and my dependents went separate with ILR application. i.e., I took advantage of the provision for main applicants that they can apply for 5-yr route ILR within 28 days of continuous residence period calculated from the first entry clearance date. Later they applied within 28 days of them turning 5 year residents from the first entry.

We enclosed our respective documents, which are specified in numerous threads here. The SET(O) form is confusing for dependents applying separately, but filled out all relevant fields as if they are the main applicants. As a sponsor for my dependents I also enclosed my financial documents and last 2 years' worth of cohabitation documents in their application.

All of us have got ILR! Thanks again to the moderators.