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Tier 2 dependent to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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SBali
Newly Registered
Posts: 2
Joined: Fri May 03, 2019 3:50 pm
India

Tier 2 dependent to ILR

Post by SBali » Tue Oct 15, 2019 11:47 am

Hi
My husband got his ILR (Tier 2 general route) last month. Our daughter (1 year old born in UK) and myself are still on Tier 2 dependent visa which is valid till May 2020.
I am eligible to apply for ILR (will complete 5 years as tier 2 dependent of my husband) next month.

Can someone please answer the below questions
1) Do I need to apply as a
a) partner of a settled person (OR)
b) partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK?

2) Is it is fine to apply for my ILR and wait till mid next year to apply for the British passport of our daughter as we are planning to go to India in December and do not want to get stuck in the process of changing her Passport and getting OCI etc. Can our daughter continue staying here as Tier 2 dependent till May 2020 (her BRP is valid till June 2020) even after my husband and myself are on ILR?

Thanks
Shruti

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Tier 2 dependent to ILR

Post by CULLINAN » Tue Oct 15, 2019 3:00 pm

SBali wrote:
Tue Oct 15, 2019 11:47 am
Hi
My husband got his ILR (Tier 2 general route) last month. Our daughter (1 year old born in UK) and myself are still on Tier 2 dependent visa which is valid till May 2020.
I am eligible to apply for ILR (will complete 5 years as tier 2 dependent of my husband) next month.

Can someone please answer the below questions
1) Do I need to apply as a
a) partner of a settled person (OR)
b) partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK?

2) Is it is fine to apply for my ILR and wait till mid next year to apply for the British passport of our daughter as we are planning to go to India in December and do not want to get stuck in the process of changing her Passport and getting OCI etc. Can our daughter continue staying here as Tier 2 dependent till May 2020 (her BRP is valid till June 2020) even after my husband and myself are on ILR?

Thanks
Shruti
1) You will apply on the PBS dependent route via SET(O). If you apply as a partner of a settled person it will reset your clock and you will have to wait another 5 years to qualify for ILR. So make sure you do not make that mistake.

2) Child born in UK does not have to apply for ILR. You can not apply for a British Passport directly for her. You will need to register her as British Citizen after any parent has ILR via MN1. Once thats approved, you can apply for a BC.

3) Yes she can travel on the current BRP till visa expiry.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Tier 2 dependent to ILR

Post by CULLINAN » Tue Oct 15, 2019 3:46 pm

Correction: .......once thats approved you can apply for a BP* (British Passport)
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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