Main Applicant qualifying for ILR but Tier 2 Dependents’ visas expiring

[mkm87]

Hi,

My wife entered UK on a Tier 2 (General) visa in July 2016. She was issued a 5-year visa until July 2021.

In December 2016, I switched from my own Tier 2 (General) visa to become her dependent (PBS Dependent visa). This effectively reset my clock. In the meantime, we also had two kids (born in the UK) who got PBS Dependent visas.

In July 2021, all of our visas expire. As far as I understand, my wife will qualify for ILR whereas I will not as I would not have completed 5 years (which started in December 2016). Could anyone kindly confirm my understanding of our next steps:

My wife can apply for ILR in July 2021 once she completes her 5 years in the UK. I can simultaneously apply for extension of my PBS Dependent visa until December 2021 when I complete my 5 years. However, given my wife will no longer be on a Tier 2 visa after July 2021, am I even eligible for a PBS Dependent visa extension? Or is there a different category I should apply for?
For our kids, do they become eligible to apply for citizenship once my wife gets ILR (say in August 2021) or will they need to wait until both parents get ILR (which will happen no sooner than December 2021)?

How would it all work from a timing/sequencing standpoint? Do we need to wait for my wife’s ILR decision or can we file all applications (that is my wife’s visa extension, kids’ nationality application, my PBS Dependent visa extension) concurrently?

Thank you.

[CR001]

My wife can apply for ILR in July 2021 once she completes her 5 years in the UK. I can simultaneously apply for extension of my PBS Dependent visa until December 2021 when I complete my 5 years.

Yes, however you cannot apply for just a 6 months extension. A tier 2 dependent extension is for 3 years.

However, given my wife will no longer be on a Tier 2 visa after July 2021, am I even eligible for a PBS Dependent visa extension?

Yes, allowed. The rules allow this if your spouse gets ILR based on tier 2.

Or is there a different category I should apply for?

You could yes, FLR M spouse visa but your ilr clock will reset to zero again, so not the best option.

For our kids, do they become eligible to apply for citizenship once my wife gets ILR (say in August 2021) or will they need to wait until both parents get ILR (which will happen no sooner than December 2021)?

They can apply to register as British on form MN1 once EITHER parent is granted ilr.

How would it all work from a timing/sequencing standpoint? Do we need to wait for my wife’s ILR decision or can we file all applications (that is my wife’s visa extension, kids’ nationality application, my PBS Dependent visa extension) concurrently?

Yours and your wife's yes. If her ilr fails, your application will also fail. Children can only apply for citizenship once she is granted ilr and has her brp,so no, you cannot apply for the children at the same time. There is also not one days service for citizenship applications.

[mkm87]

Thank you very much. Your response is incredibly detailed and helpful.

It sounds that the best option then is for my wife to apply for ILR (we are considering using the same day service) and for myself to apply for Tier 2 Dependent visa extension for 3 years concurrently.

The next step would be for the kids to apply for citizenship once my wife receives her BRP/ILR.

Final step would be for me to apply for my ILR once I complete a total of 5 years as Tier 2 Dependent which will be in December 2021 (notwithstanding that my Tier 2 visa would be valid for another 2.5 years).

If you happen to know the link to the application form for Tier 2 extension / where it states on gov.uk websites that I may apply for Tier 2 visa extension even though my wife has ILR / a pending ILR application, that would be very helpful.

Thank you

[CR001]

See links below.

https://visas-immigration.service.gov.u ... 1577027492

immigration-for-family-members/dependan ... 14832.html

Your children can apply for citizenship as soon as your wife gets ILR. They do not have to wait until you have ilr too.