Tier 2 to ILR (family of 2 and a baby)

[silverchloride]

Hi friends,

Not sure if this has been asked before but please could I check:

A friend will be eligible for ILR in July after spending 5 years on Tier 2. She is currently on maternity leave and has a husband (Tier 2 dependent) and a 3 month old baby (born in the UK). Please could I check what the regulations will be in her case.

Will her husband be applying for ILR with her or ILR dependent, considering the Tier 2 dependency will cease once the ILR is granted to the main applicant? Will the baby have to apply for something too? The baby hasn't applied for any visa / passport yet.

Any advice will be very much appreciated.

[KenBossini]

Hi friends,

Not sure if this has been asked before but please could I check:

A friend will be eligible for ILR in July after spending 5 years on Tier 2. She is currently on maternity leave and has a husband (Tier 2 dependent) and a 3 month old baby (born in the UK). Please could I check what the regulations will be in her case.

Will her husband be applying for ILR with her or ILR dependent, considering the Tier 2 dependency will cease once the ILR is granted to the main applicant? Will the baby have to apply for something too? The baby hasn't applied for any visa / passport yet.

Any advice will be very much appreciated.

Is the husband eligible for ILR? Does he have 5 hears of continuous residence in the UK?

K.

[silverchloride]

Hi friends,

Not sure if this has been asked before but please could I check:

A friend will be eligible for ILR in July after spending 5 years on Tier 2. She is currently on maternity leave and has a husband (Tier 2 dependent) and a 3 month old baby (born in the UK). Please could I check what the regulations will be in her case.

Will her husband be applying for ILR with her or ILR dependent, considering the Tier 2 dependency will cease once the ILR is granted to the main applicant? Will the baby have to apply for something too? The baby hasn't applied for any visa / passport yet.

Any advice will be very much appreciated.

Is the husband eligible for ILR? Does he have 5 hears of continuous residence in the UK?

K.

Hi, no he doesn't. He joined the main applicant last year in February.

Many thanks for the advice and guidance.

[KenBossini]

considering the Tier 2 dependency will cease once the ILR is granted to the main applicant?

Tier 2 (PBS) dependency will not cease once the ILR is granted, only if the ILR is granted on basis of T2 5 year route. Husband can continue on the current PBS dependent visa, and extend in the same category when required.

K.

[silverchloride]

considering the Tier 2 dependency will cease once the ILR is granted to the main applicant?

Tier 2 (PBS) dependency will not cease once the ILR is granted, only if the ILR is granted on basis of T2 5 year route. Husband can continue on the current PBS dependent visa, and extend in the same category when required.

K.

Many thanks for the response. Yes she will be applying for the ILR based on 5 years on Tier 2 route. So will the husband be able to continue as Tier 2 dependent? Considering she will no longer be on Tier 2 and will switch to ILR? Also, the baby I assume can apply for a British passport once the main applicant has ILR?

[KenBossini]

Many thanks for the response. Yes she will be applying for the ILR based on 5 years on Tier 2 route. So will the husband be able to continue as Tier 2 dependent? Considering she will no longer be on Tier 2 and will switch to ILR? Also, the baby I assume can apply for a British passport once the main applicant has ILR?

Yes, husband will be able to continue as PBS dependent as wife's ILR will be granted through the PBS route. I am in a similar situation, you can read through my posts if you wish.

Apologies, I cannot advise on the baby. Please wait for some more knowledgeable friends here to comment.

K.

[CR001]

Many thanks for the response. Yes she will be applying for the ILR based on 5 years on Tier 2 route. So will the husband be able to continue as Tier 2 dependent? Considering she will no longer be on Tier 2 and will switch to ILR? Also, the baby I assume can apply for a British passport once the main applicant has ILR?

Husband can continue to stay on PBS Dependent till they qualify for ILR.

Baby can be Registered as British on form MN1 (costs £1033). This is required before the child can get a passport as only British citizens can get a British passport and your child is not yet British.

[apsk]

Adding to response above from CR001

You can follow JCAP route where you can apply for registration of your child under 18 as British and passport in parallel.