ILR and Extension for Tier 1

[rahulsami85]

I am on a tier 1 general visa and I will be applying for ILR in a few months. My wife and my 2 years old daughter’s visas are expiring soon. My daughter was born in the UK. Last year when the Tier 1 General extensions were closing, I extended my visa for another 3 years just to be on the safe side. I didn’t extend my wife or daughter’s visas so their visa are expiring next month whereas my visa is still valid for another couple of years. What I need to ask is do I really need to apply for my daughter’s extension? In case if I don’t apply for ILR until next year, will she become an over stayer? I have been told that because she was born in UK, she won’t be an over stayer and if she needs to travel before I apply for my ILR, she should still be able to get the Tier 1 dependent extension without any issue ? If there’s a situation where she needs to travel before I apply for my ILR, will the 28 days over-stayer rule apply to her? I don’t want to waste around 2 and half grand on her Tier 1 extension if I don’t have to, therefore I need your valuable advice on this.

Thanks,

[CR001]

She should be fine but it is always better if you think there will be travel to make an extension application in time.

Also, bear in mind that you have any issues with your ILR and it is refused, the child will have no status in the UK as won't be able to register as British.

[rahulsami85]

She should be fine but it is always better if you think there will be travel to make an extension application in time.

Also, bear in mind that you have any issues with your ILR and it is refused, the child will have no status in the UK as won't be able to register as British.

Thanks a lot for your quick reply, help and advice. The application form for tier 1 dependent for question K1 asks about the current immigration status. If my daughter applies in the future for extension, she will probably need to tick the option for “I have leave to enter/remain for a limited period but leave has now expired” which then asks you to provide evidence of exceptional circumstances which prevented from submitting application within 28 days of overstaying. What will I need to specify for my daughter as if she applies for extension in the future, her visa would have been expired for over 28 days by then? The questions I am referring to are K1-K2-K3 on Page 23 of the application form. https://www.gov.uk/government/uploads/s ... _03-16.pdf