Sole Responsibility for Tier 2 Dependant extension

[AVK]

Recently I got my ILR after 5 years on Tier 2 G, but my wife and her daughter have to wait for another six months to complete the 5-year uninterrupted stay and they need to extend their current Tier 2 Dependant visas soon. An immigration adviser told us that the Tier 2 Dependant extension application will require a proof of the sole responsibility for the child, in addition to the proof produced during the initial Dependant application (four and half years ago). I am a bit confused because we extended our Tier 2 visas a couple of times before, and had never been asked to confirm the sole responsibility.

Was the adviser mistaken? Or the rules for the dependants are different when they are applying separately from the main applicant (or if the applicant has already got ILR)?

Many thanks,

[vinny]

The adviser was mistaken.

Child satsifies 319H.(f), without needing the options after "unless".

[AVK]

Thanks vinny!

The problem is that I am not a legal guardian of the child (my wife is) and the child's biological father is back in the country of origin. So, strictly speaking, the child does not satisfies 318H, (f) because it says "Both applicant's parents must be lawfully present in the UK...".

[vinny]

Sorry, I had assumed you were child's father.

Child must have satisfied these requirements initially for them to have granted the leave. If there are no changes in circumstances, then child should continue to satisfy the same requirements.

[AVK]

vinny,
Thank you again.
Will the application for the child's ILR be a change of circumstance?
In other words, will my wife need to proof her sole responsibility during their future ILR application?

[vinny]

Same related requirements for ILR as for extensions.

See similar discussion.