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ILR for Tier 2 dependents

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Tsst
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ILR for Tier 2 dependents

Post by Tsst » Sun Dec 04, 2016 3:03 pm

Hello All,

I am a little confused about ILR for Tier 2 dependants. I will be entering UK in Jan 2017 on Tier 2 general visa. Accordingly I will be eligible to apply for ILR in Jan 2022.

My Wife will be entering UK in August 2017 along with my new born child. If I apply for ILR in Jan 2022 and get ILR by May 2022 will be dependants have to switch to "family of settled person" visa and reset their clock for 5 yr continuous residence to 0 and wait for another 5 years ?
Else I will have to apply together with my dependents on August 2022.

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CR001
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Re: ILR for Tier 2 dependents

Post by CR001 » Sun Dec 04, 2016 3:08 pm

No, they continue to extend their PBS Dependent visas until they meet the requirements for ILR. All assuming the rules remain the same.

No need to switch to 'family of settled person' visa.
Char (CR001 not Casa)
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Tsst
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Re: ILR for Tier 2 dependents

Post by Tsst » Mon Dec 05, 2016 1:30 am

CR001 wrote:No, they continue to extend their PBS Dependent visas until they meet the requirements for ILR. All assuming the rules remain the same.

No need to switch to 'family of settled person' visa.
CR001 - how is it that a Tier 2 dependent visa remains valid after its parent visa Tier 2 general has been cancelled. This sounds counter intuitive

Tsst
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Re: ILR for Tier 2 dependents

Post by Tsst » Mon Dec 05, 2016 3:35 am

I happened to come across this link which says that dependents will lose their status once the primary switches to ILR

http://www.1stcontact.com/blog/featured ... ns-answers
I am now eligible to apply for ILR but I have family members that are on dependant visas. Should my dependants apply for ILR at the same time as I do, regardless of whether or not they qualify for ILR?

Your dependants must change their status when you change yours – if they don’t they’ll lose their dependant visa. This means it could take another five years (from the date of issue of their new visas) for them to become eligible to apply for ILR.

It is a mistake to only apply for yourself, your dependants must apply for ILR at the same time as you.

Please be aware that these applications are extremely complex. If you are applying for ILR with dependants, please contact our agents for help and advice.

Tsst
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Re: ILR for Tier 2 dependents

Post by Tsst » Mon Dec 05, 2016 4:45 am

Please ignore my last post. I found the relevant info on the uk gov site which is what CR001 mentioned earlier. The above link gives misleading information

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Re: ILR for Tier 2 dependents

Post by vinny » Mon Dec 05, 2016 8:08 am

The quote shows their lack of understanding of the Immigration Rules.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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