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ILR with dependents on Tier 2 general

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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idnoble
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Posts: 4
Joined: Tue Jan 02, 2018 1:52 pm
Nigeria

ILR with dependents on Tier 2 general

Post by idnoble » Tue Jan 02, 2018 3:04 pm

Hi all,

I'm really looking forward to some useful information and advice.
I received Tier 2 general entry clearance on 3/3/13 and entered UK on 17/4/13.
My family (wife and 3 kids) entered UK on 8/6/13.
No travels outside UK since then.
Changed employer once and have valid Tier 2 visa till 17/4/19.

Questions:
1. When does my continuous period of 5 years start to count, 3/3/13 or 17/4/13? If it is the former, I believe that implies I can apply for my ILR from 3/2/18 (28 days before completion of 5 years). I'm asking this because someone told me authoritatively it will be counted from 17/4/17 which goes against what I know and also because my visa expires on 17/4/19 (so a bit confused).
2. When does my family's continuous period of 5 years start to count, is it 3/3/13 or 8/6/13? This particular information is hard to come by and home office seems to be deliberately not making it clear.
3. If my family is not yet qualified to apply for ILR (ie if they have to wait till 8/6/18), can I go ahead and apply for my ILR? Will they loose their current dependent visa? Does that mean I have to wait for them to qualify and we all apply together?
4. I don't think I have the patience to bear the suspense of applying for ILR by post. Can I apply in person while my family applies by post at the same time, or can I apply in person and then, if granted, apply for my family by post? Just trying to save £2000 extra cost.

Thanks all in anticipation of your advice.

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CR001
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Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: ILR with dependents on Tier 2 general

Post by CR001 » Tue Jan 02, 2018 3:15 pm

1. When does my continuous period of 5 years start to count, 3/3/13 or 17/4/13? If it is the former, I believe that implies I can apply for my ILR from 3/2/18 (28 days before completion of 5 years). I'm asking this because someone told me authoritatively it will be counted from 17/4/17 which goes against what I know and also because my visa expires on 17/4/19 (so a bit confused).
You can apply within 28 days before reaching 5 years residence calculated from your visa start date of 3 March 2013.
2. When does my family's continuous period of 5 years start to count, is it 3/3/13 or 8/6/13? This particular information is hard to come by and home office seems to be deliberately not making it clear.
PBS Dependents residence starts counting from date of ENTRY to the UK so 8th June 2013.
3. If my family is not yet qualified to apply for ILR (ie if they have to wait till 8/6/18), can I go ahead and apply for my ILR? Will they loose their current dependent visa? Does that mean I have to wait for them to qualify and we all apply together?
Yes you can apply for ILR. No they won't lose their current visa status.
4. I don't think I have the patience to bear the suspense of applying for ILR by post. Can I apply in person while my family applies by post at the same time, or can I apply in person and then, if granted, apply for my family by post? Just trying to save £2000 extra cost.
Yes you can apply in person. Yes they can apply by post after you get ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

idnoble
Newly Registered
Posts: 4
Joined: Tue Jan 02, 2018 1:52 pm
Nigeria

Re: ILR with dependents on Tier 2 general

Post by idnoble » Tue Jan 02, 2018 5:24 pm

Thank you so much for these responses. You're a genius.

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