Can I and my family stay back in UK while my ILR decision is pending ?

[sanjoyp2212]

Hi ,

Mine is Tier 2 ICT visa from 2008 . I couldn't apply for ILR before as there were long gaps in UK stay. Now , I have applied for ILR on 3rd September'2018 for myself only through lawyer . I have received query from home office regarding my absence of 13 months during last 5 years which I have clarified through layer during mid-February'18. I am yet to receive any communication from home office regarding the decision on my ILR application though it has already been more than 7.5 months since I applied .

Question 1 -
Now my and my family's visa is ending on 24th May'18 . Can we stay in UK beyond 24th May'18 till the ILR decision is released by home office ? Kindly note that I have applied ILR for me only not applied ILR for my family.
Question 2 -
If my ILR is rejected after 24th May will I be able to apply for VISA extension through my Employer and my status of VISA will remain the same ( indefinite extension) ?

[CR001]

Have you applied for ILR based on Tier 2 5 years residence or 10 years long residence??? Your post is not clear.

Your dependents MUST submit an application BEFORE their visas expires otherwise they will be overstayers.

[sanjoyp2212]

Thanks for your reply . It is Tier 2 5 years residence . There is a catch , my family can't apply visa as they are on dependent VISA on my VISA . I can't apply for my VISA extension now without withdrawing my ILR application as I applied for ILR and the decision.

[CR001]

What are your dependent original visa start dates and date they entered the UK?

Unless you provide detailed information, it is impossible to offer generic advice.

[sanjoyp2212]

Thanks for the reply .Yes , It is not a generic one ...

My family's ( wife & daughter) original visa start date is 31st August'2014 and they entered on 13th October'2014 .

[CR001]

They must submit a PBS Dependent visa extension application before their visas expired. You cannot leave them and wait for your ILR. They will be overstayers if you do not submit an application.

If you are applied for ILR based on 5 years PBS visa route, then the rules permit them to extend their PBS Dependent visas. Their applications will be held until your ILR is decided.

[sanjoyp2212]

Thanks for your suggestion . It helps !!!!