ILR Application for Dependent Child

[usr22]

Hello Forum,

I am completing 5 years on Tier 2 General visa and becoming eligible to apply for ILR in early Feb'2022.
However, my spouse and child still have to wait for another 4 months ( until Jun'2022) to qualify for the same, but in the meantime , their current visa i.e. "PBS dependent" will end by Mar'2022.

Hence, I need advice on the followings :

1) What are the steps that I can follow to obtain ILR for the self and family in the respective timeline as stated above.
2) All links to the online application(s) for each cases as applicable
3) rules when the dependent child age is getting past 18 years before completing the qualifying 5 years of stay.

Thanking you.

[vinny]

1. Indefinite leave to remain if you have a Skilled Worker, T2 or tier 2 visa
If dependants are ineligible for ILR, then extend.
3. Child over 18 should not lead an independent life.

When they they grant the initial dependant entry clearances?

[usr22]

Thanks vinny for your quick feedback. Few more queries in-line, where I will appreciate your feedback.

1. Indefinite leave to remain if you have a Skilled Worker, T2 or tier 2 visa
If dependants are ineligible for ILR, then extend.

>>> 1.a. Can ILR for the self and visa extension for the dependants be initiated simultaneously or first ILR and then visa extension for PBS dependants?
>>> 1.b. will visa extension for the dependants reset the clock of 5 years as the main person status is changing to ILR?

3. Child over 18 should not lead an independent life.

When they they grant the initial dependant entry clearances?
>>> 3.a. It was July'2017 and they arrived in the UK in the same month.

[vinny]

I think the applications may be done at the same time.

The qualifying period for dependants’ ILR is not reset.

[usr22]

Few more q:

1) Does child under 18 also need to meet the 5 full years of stay in the UK to be eligible to apply for ILR? There is a gap of 4 months in completing 5 years.

2) If eligible then, can ILR application of the child be together with the main applicant while the spouse is still waiting for another 4 months to be eligible for ILR?

3) if NOT eligible then, can the child be added to the spouse application for the extension or need to file separately?

[zimba]

1. Children do NOT have a min residence requirement. Non-UK born children can settle when both parents settle
2. No. The Non-UK born child must follow the immigration path of the less privileged parent
3. If the child does not have enough visa, then such Non-UK born child must follow the immigration path of the less privileged parent. They apply together for an extension then ILR

[usr22]

In ILR Set(O) Application form - there is a question as -
"Have you previously lived in a country outside the UK including your country of birth?"

The answer is = Yes,
then do we need to capture each and every stay inside/outside the home country regardless the number of days of stay? This is forming a huge list of all the stays and hence this query? Any suggestion?

[zimba]

Living NOT staying

[usr22]

Please elaborate this "Living" w.r.t. to period-length.
I have been to many countries for a period of 1/3/6 months to 1 year at a stretch for my work assignment. What these will be called? Will this to be considered as Living in other countries?

[zimba]

This is not important at all. If it was less than 6 or 9 months, I'd ignore it. This question has no bearing on your ILR

[usr22]

My wife and two kids having PBS Dependent Visa ( form July-2017 to Mar-2022) , need to apply for Visa extension as it falls short by 3-4 months from qualifying ILR period of 5 years.

Questions:

1) Can there be multiple applicants in the same application for the visa extension in the same category?
2) Can the 6 year old child be included in her application?
3) Can the 18+ year old child also be included in her application, given that she is in full time education?

[zimba]

1. Children do NOT have a min residence requirement. Non-UK born children can settle when both parents settle
2. No. The Non-UK born child must follow the immigration path of the less privileged parent
3. If the child does not have enough visa, then such Non-UK born child must follow the immigration path of the less privileged parent. They apply together for an extension then ILR

Yes

[usr22]

Hi,
I am creating an application for my wife's visa extension and I landed to this page.
If I continue, then it goes down to the App route which is different from the usual application creation experience.



What did you use in your case?

[usr22]

Hi,
I am creating an application for my wife's visa extension. She is on PBS dependent visa and falling short of 3-4 months from the qualifying 5 years to be eligible for ILR.

Following the link - https://www.gov.uk/skilled-worker-visa/ ... d-children, eventually I landed
to the page asking "Check you can use the app".

If I continue, then it goes down to the App route which is different from the usual application creation experience. There is an option at the bottom of this page "I cannot use the app".

What is the difference? Which one is the right?
Please advice !

Regards

[ywlgy]

Hi,
I am creating an application for my wife's visa extension. She is on PBS dependent visa and falling short of 3-4 months from the qualifying 5 years to be eligible for ILR.

Following the link - https://www.gov.uk/skilled-worker-visa/ ... d-children, eventually I landed
to the page asking "Check you can use the app".

If I continue, then it goes down to the App route which is different from the usual application creation experience. There is an option at the bottom of this page "I cannot use the app".

What is the difference? Which one is the right?
Please advice !

Regards

Both are fine. The app route will save you a trip to UKVCAS for biometric appointment

[usr22]

Hi

While applying for PBS Visa extension, I reach on this page as follows. Is this the right place?

Apply as a Dependant Partner
You need to complete every section.

1. Identity and contact
Confirm your sign-in email address COMPLETED
Confirm your sign-in phone number COMPLETED
Eligibility COMPLETED
Confirm your identity
Immigration adviser details CANNOT START YET
Contact preferences CANNOT START YET
Other names and nationalitiesCANNOT START YET
2. Prepare application
Your location CANNOT START YET
Personal details CANNOT START YET
Family and relationships CANNOT START YET
and so on........

IS this the right place?


further for Eligibility check , I have the following questions to be answered.
Has your spouse or partner applied to work or study in the UK?
Is your partner in the UK now?
Was your spouse or partner in the UK when they applied?
What visa have they applied for?
Has your partner been informed they are eligible for a Health and Care visa?

I am wondering as why these questions when I am applying for the extension of spouse visa who is on PBS dependent visa since July-2017?

Any feedback will be highly appreciated.

[zimba]

You are applying to extend under Skilled worker dependant. PBS for Tier 2 does NOT exist anymore

[usr22]

You are applying to extend under Skilled worker dependant. PBS for Tier 2 does NOT exist anymore

That's right,

I have used the following link...

https://www.gov.uk/skilled-worker-visa/ ... d-children

and followed the sequence as-

Skilled Worker visa --> Your partner and children --> Apply from inside the UK (extend or switch their visa) --> extend or switch to your Skilled Worker visa as your partner
this takes me here - https://apply-to-visit-or-stay-in-the-u ... a09d462ed6


1) Is this the right steps?
2) This takes me to the page which I described in my previous query post. Please advice on the queries on the previous post.

Thanking you.

[zimba]

I cannot advise on the forms as they change regularly and I have no clue what they ask from you when you apply. The path you have taken is correct

[ywlgy]

The application form is meant for all applicants and is not tailored for yourself. Just answer the questions according to your circumstances.

[usr22]

Hi Forum,

In the dependent partner visa extension application , I came across this question--

Have you ever been given medical treatment in the UK?
(For example, if you visited a doctor, clinic or hospital, this counts as having medical treatment )

Do we really need to fill in all our GP visits or so? This is little strange questions in the application as the list will very long for 4+ years. Any suggestions?

[vinny]

The applicant should answer the question truthfully, no matter how many pages it takes.

[usr22]

Dear All,

I am preparing ILR application for my child, who is on dependent child visa since 2017 and has just become over 18 years now.
Is this necessary to have the following requirements met for the dependent child, who is living & studying in the UK for last 5 years ?
1) pass the Life in the UK Test
2) meet the English language requirements

and if so, then please advice on how to meet the "English language requirements".

Thanking you.

[CR001]

Yes, liuk and English b1 tests are mandatory for anyone over the age of 18.

[usr22]

Yes, liuk and English b1 tests are mandatory for anyone over the age of 18.

https://www.gov.uk/english-language
an excerpt from the above site...
You might need to prove your knowledge of the English language if you’re 18 or over and
applying for citizenship or to settle in the UK (known as ‘indefinite leave to remain’).

You can prove it by having either:

1) an English qualification at B1, B2, C1 or C2 level
2) a degree taught or researched in English

I presume the option 1) is applicable...

I see there are so many tests at B level, Which one shall I choose?

B1 2-facet IELTS Life Skills– B1 Speaking & Listening IELTS SELT Consortium
B1 2-facet LanguageCert International ESOL SELT B1 (Speaking & Listening) LanguageCert
B1 2-facet PTE Home B1 Pearson
B1 2-facet Graded Examinations in Spoken English (GESE) Grade 5 Trinity College London
B1 4-facet IELTS for UKVI IELTS SELT Consortium
B1 4-facet LanguageCert International ESOL SELT B1 (Listening, Reading, Writing, Speaking) LanguageCert
B1 4-facet PTE Academic UKVI Pearson
B1 4-facet Integrated Skills in English I (ISEI) Trinity College London
B2 4-facet IELTS for UKVI IELTS SELT Consortium
B2 4-facet LanguageCert International ESOL SELT B2 (Listening, Reading, Writing, Speaking) LanguageCert
B2 4-facet PTE Academic UKVI Pearson
B2 4-facet Integrated Skills in English II (ISEII) Trinity College London