Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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bubai_19
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by bubai_19 » Tue Jan 09, 2018 2:32 pm
Hi ,
Can some one give an advice on my situation here :
Me and my child (age 5 yrs) entered UK in Feb 2016 as PBS dependent of my spouse who hold a Tier 2 General visa.
One year later I switched from PBS dependent to Tier 2 main applicant as my employer gave sponsorship for me. But my child remains as PBS dependent under my spouse's visa.
My question is when my spouse will apply for ILR after 5 years continuous residency , can my child eligible for ILR at the same time ?
Or my child has to wait for my ILR which is after one year after ?
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vinny
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by vinny » Tue Jan 09, 2018 2:43 pm
Under
319J, child should wait until
both parents have, or are applying for, ILR.
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.
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bubai_19
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by bubai_19 » Tue Jan 09, 2018 2:54 pm
thanx Vinny ... So which visa category should my child will apply after my spouse got her ILR ? Because my child's visa will expire in due time and as you said unless I get my ILR , my child can't get her ILR.
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vinny
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by vinny » Wed Jan 10, 2018 1:04 am
Child may
continue to
extend as a PBS
dependant under
319H.
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.
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CR001
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by CR001 » Wed Jan 10, 2018 8:43 am
Vinny, would the child not qualify for ILR with the parent who holds Tier 2 and who the child is dependent on if the OP has their own separate Tier 2 visa?
Char (CR001 not Casa)
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vinny
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by vinny » Wed Jan 10, 2018 8:59 am
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.
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CR001
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by CR001 » Wed Jan 10, 2018 10:05 am
But what about 319J(e)(iv), where it states the other parent must be lawfully present, which OP would be holding their own Tier 2?
Char (CR001 not Casa)
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vinny
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by vinny » Wed Jan 10, 2018 10:33 am
bubai_19 wrote: ↑Tue Jan 09, 2018 2:32 pm
Me and my child (age 5 yrs) entered UK in Feb 2016 as PBS dependent of my spouse who hold a Tier 2 General visa.
319J(e) wrote:(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant,
and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
I don't think that the child was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
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CR001
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by CR001 » Wed Jan 10, 2018 10:38 am
vinny wrote: ↑Wed Jan 10, 2018 10:33 am
bubai_19 wrote: ↑Tue Jan 09, 2018 2:32 pm
Me and my child (age 5 yrs) entered UK in Feb 2016 as PBS dependent of my spouse who hold a Tier 2 General visa.
319J(e) wrote:(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant,
and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
I don't think that the child was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
Ahhh, thanks, missed that one
Think I will make another coffee
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.
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bubai_19
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by bubai_19 » Wed Jan 17, 2018 12:17 pm
Thanx all for your feedback. I don't want to create another thread , but I need you guidance on this.
This is regarding my wife's Tier 2 visa extension along with our daughter (PBS dependent).
Does she need to submit any documents related to my uk residence status (cover letter stating about other parent, BRP, passport copy etc), since I am holding my own Tier 2 ?
