ILR Dependant

[Qasimzeeshan]

I came to UK in April 2014 on a Points based System (PBS) TIER-2 General (G) visa and my family joined me in June 2014 as my TIER-2 dependants. My wife started working for the NHS in January 2016 after qualifying her examinations. However to undergo GP training she had to apply for an independent TIER-2G visa as she could not work as a Doctor or dentist in training. Therefore, she went back to her country on 1st July 2017 and entered back on 27th July 2017 on her TIER-2G visa. Since then the home-office has made provision that this restriction on TIER-2 dependant visa can be removed if a doctor qualifies for a GMC approved training programme. As far as we are aware this provision was not informed to us or available when my wife applied for her TIER-2G.

I obtained my ILR in April 2019 after completing 5 years. However, when we applied for my son's ILR it was denied saying that my wife does not qualify for ILR despite my son was my dependant through out these 5 years. Now my wife will be eligible for ILR in 3 years if she continues on her TIER-2G visa.

In current circumstances, my son is being penalized because my wife undertook training as a doctor for the best interest of the UK community. At present, what will be the most suitable visa category to apply for my son as he has already completed 5 years as a legal PBS TIER-2 depandant.

[CR001]

Tier 2 dependent based on your wife.

[Qasimzeeshan]

But will it not be better to apply for ILR dependant.

[zimba]

Non UK born children follow the immigration path of the less privileged parent as per rules. The fact he has spent 5 years under PBS dependant is irrelevant as child dependants do not even have such requirement (that only applies to your spouse). Your son will remain the dependent of your wife until she is eligible for ILR. Your son is NOT being penalized because your wife undertook training as a doctor for the best interest of the UK community. He can live here normally and legally, he simply does not qualify for ILR .. yet !