ILR via Tier 2 Route query

[PVGeorge]

Hello Admins & members,

I'm planning to apply for ILR (Set O) for myself, wife & son in October first week. I'm seeking your help to get clarification on the below two queries:

1) My wife was on Tier 2 General Dependent visa from 02/11/2013 but moved to own Tier 2 general visa from 03/08/2016. Would you please tell me whether she is eligible to apply ILR (separate appln) as she would also completing 5 Years in November.

2) My son was born in UK (2014) but he was away from UK for 14 months ( July 2016 to Sept 2017) and he is in UK thereafter. Would this become an issue if I apply for ILR for him along with me ( as he is dependent on me [Tier2 General])

Thanks in advance!

Regards.
George

[CR001]

1) My wife was on Tier 2 General Dependent visa from 02/11/2013 but moved to own Tier 2 general visa from 03/08/2016. Would you please tell me whether she is eligible to apply ILR (separate appln) as she would also completing 5 Years in November.

No, she is NOT eligible for ILR. By switching to her own Tier 2 General visa, her clock has reset and she needs 5 years in this visa category before she can apply for ILR. She cannot combine the time spent as PBS Dependent and PBS main visa holder to make up 5 years for ILR. She will only qualify for ILR in July/August 2021.

2) My son was born in UK (2014) but he was away from UK for 14 months ( July 2016 to Sept 2017) and he is in UK thereafter. Would this become an issue if I apply for ILR for him along with me ( as he is dependent on me [Tier2 General])

Not an issue. However, if you plan on registering your son as British once you have ILR, he DOES NOT need to also apply for ILR as he has an entitlement to register as British due to being born in the UK.

[PVGeorge]

Hi CR001,

Many thanks for your reply.

Sorry bit more on the second point (2),
If I don't apply ILR for him now along with me, what will happen to his Tier 2 dependency status.

Thanks,
George

[CR001]

It will expire but it will not be reason for his citizenship to be refused. A UK born child will not be considered an overstayed.

[PVGeorge]

Hi CR001,

Many thanks for timely response. It certainly helped to clarify my doubts.

Kind regards,
George