ILR for dependents - refused

[to_be_or_not_to_be]

Hi,

Sadly, the ILR application for my daughter was refused today under paragraph 319J of immigration role.

I was granted my ILR last month only (applied alone) for financial reasons and to avoid a massive loss of money in case it was turned down (Tier 2 PBS migrant). we have both spent 5 years and 1 month in the UK with no absence ever. The mother was dependent on my visa as well but she switched to a Tier 2 PBS visa 15 months ago as a condition for her job.

The HO in their refusal letter has clearly stated that she can be granted a leave to remain only if both parents are settled in the UK or if I'm the sole surviving or responsible parent for upbringing her.

Unfortunately, it would have been easier to apply both together this month but this was something I wasn't aware of and I'll be very grateful for a piece of advice on how to get out of this mess?

1- Will I need to wait for another three and a half year for my wife to get an ILR then apply for my daughter as well - ie: realistically she would have spent 8 and a half years.
2- if I wait till I get naturalised and a British passport next year will that make my daughter eligible for an ILR or British passport straight away without the need to wait for my wife's ILR?
3-I was reading through previous posts and noted advice to use SET(F) application? any thoughts on this?

Many thanks

[zimba]

I am going to assume she is a non UK born child

1- Will I need to wait for another three and a half year for my wife to get an ILR then apply for my daughter as well - ie: realistically she would have spent 8 and a half years.

Non UK born children will follow the immigration path of the less privileged parent, so in this case it is her mother. She will remain a PBS dependant until both can apply ILR together

2- if I wait till I get naturalised and a British passport next year will that make my daughter eligible for an ILR or British passport straight away without the need to wait for my wife's ILR?

No as non UK born children have no automatic entitlement to register as British citizens under such circumstances.
They are expected to hold ILR and one parent must be British and the other parent must be either settled or about to become British for a non UK born child to be registered as British (this is still registration at discretion of the home secretary and still not an entitlement!)

3-I was reading through previous posts and noted advice to use SET(F) application? any thoughts on this?

Both shall apply together under SET(O) when eligible for ILR

[CR001]

Is your child on a dependent visa based on your previous tier 2 or based in your spouses tier 2??

[to_be_or_not_to_be]

She is a non-uk born and dependent on my Tier 2 since we came.

[to_be_or_not_to_be]

Hi,

My kids visa is expiring on 24/11/2019 and I need to extend their visa. I have an ILR since Jan 2019 but my wife changed jobs and hence we need to wait for her to get ILR for kids. The kids have been on my tier 2 visa and sponsorship. My questions today are:

1- Can I apply for the extension now or we'll have to wait for 28 days before the expiry date?
2- I'm a bit worried as the appointments for the UKVCAS is not easy nowadays and I don't want to lose the opportunity to submit the biometrics before the expiry date.
3- I'm assuming that they will get a 3 years extension and I will be using my last CoS from 2017 which was for 3 years.

Your help is much appreciated

T

[vinny]

Posts merged.

[vinny]

Unfortunately, your non UK born children cannot be granted ILR before your wife, under 319J. However, they may extend under 319H, in line with her leave under 319I.

Was her job forbidden under 319D(b), that forced her to switch to Tier 2? Else, it should not have been a condition of her job requiring her to switch.

[to_be_or_not_to_be]

Thank Vinny, yes she is a doctor in training hence she had to switch her visa.

Now I am beyond the point of ILR topic and fully understand it but my question this time is whether I can extend my kids tier 2 visa 40 days before the expiry or I'll have to wait till they enter the last 28 days?

I am also assuming that I'm using my last CoS from 2017 which was for 3 years.

Finally, is anyone aware of problems with high demand on the UKVCAS as I'm really hoping that we can find an appointment within 30 days?

[vinny]

Applicants may extend at any time. However, children’s leave will be granted to expire at the same time as their mother’s expiry of leave under 319I(a)(i).

[to_be_or_not_to_be]

Thanks again Vinny.

How will home office now the date of their mum’s visa expiry? I’ve applied their extension on the PBS dependent section and have used my CoS / biometric information given they have always been on my visa?

By any chance did you mean that I’ll have to extend their visa based on my wife’s COS? I’ll be concerned that they’re will consider this as a switch and zero their clock.

[vinny]

They will grant kids’ leave to expire at the same time as their mother’s. The kids will be able to apply for ILR under 319J at the same time as when their mother is eligible to apply for ILR.

[to_be_or_not_to_be]

Thanks again.

Just to make it simple for me, shall I submit their application using my wife’s CoS or mine (the last one I had from 2017).