Confusion over 2-year versus 5-year route to ILR for dependants.

[binoyphysio]

Hello there


I understand the 2 X 2.5 yrs visa requirement (total 5 yrs) for dependants of UK citizens/settled people. However, is there a 2-year route to ILR for dependants who were first granted a visa (as a dependant of a PBS migrant) before 9 July 2012? Can any of the experts here comment please?

My scenario is below:

My wife and son (he is now 9.5 yrs old) were granted dependant visas (student dependant) before 9 July 2012, but they came into the UK only on 24 July 2012. They have been continuously resident here ever since. Since September 2017 they became dependants of a settled person as I obtained my ILR via the 10-year Long Residence route. Since January 2019 I am a UK citizen.

Which application category will my wife and child fall into? Can they apply in September 2019 under the 2-year route or do they have to wait till the year 2022 to complete 5 yrs as dependants (In 2022 they will complete 10 yrs any way!)?

I suppose there are some grey areas (?) Any advice to clarify this matter will be greatly appreciated, thank you in advance...


Kind regards
Binoy

[CR001]

However, is there a 2-year route to ILR for dependants who were first granted a visa (as a dependant of a PBS migrant) before 9 July 2012? Can any of the experts here comment please?

No there is not. As you applied for ILR based on long residence and they switched to FLR(M) after April 2014, their clock reset to zero for ILR based on 5 years residence.

Which application category will my wife and child fall into? Can they apply in September 2019 under the 2-year route or do they have to wait till the year 2022 to complete 5 yrs as dependants (In 2022 they will complete 10 yrs any way!)?

No they cannot. There is no 2 year route anymore for them.

I suppose there are some grey areas (?) Any advice to clarify this matter will be greatly appreciated, thank you in advance...

No 'grey' areas at all. The rules changed in April 2014, link below.

immigration-for-family-members/dependan ... l#p1007877

[binoyphysio]

Hello CR001

Many thanks for your swift response. I suppose it was my lack of understanding, but this rule is sad nonetheless!

Final question: Is there a new 7 yr continuous residence route that my son is eligible to apply through (to get ILR)?

Kind regards
Binoy

[CR001]

Final question: Is there a new 7 yr continuous residence route that my son is eligible to apply through (to get ILR)?

No, it would be an FLR(FP) application, which has no guarantee of success, and could take up to a year to be decided. It would complicate his immigration history, especially as he is already on a decent visa route.

The child will qualify for ILR when the other parent does. There is no shortcut route for children who are born abroad.

[binoyphysio]

Yet again, thank you. They both can wait if they wish to.. lol.

Have a great day
Binoy