family Indefinite Leave to Remain

[Joyceki3431]

Hi all,

I hope you all are well.

I would like to ask about my visa situation.

I have been living in the UK for 3 years and 10 months with my Tier 2 dependant visa from June 2016 to today, Apr 2020. My current visa expires 20 April 2020, and therefore, I hope to extend my Tier 2 dependant visa.

My husband, the main applicant, has been living in the UK with his Tier 2 General visa from Jun 2014, and he has applied to an Indefinite Leave to Remain (ILR) last September 2019. There is no result yet.

In this situation, I’ve googled to find out what type of visa I could apply, and I've found a new Home Office guidance about SWS (Dependant) version Feb 2020. Please see, https://www.gov.uk/government/publicati ... rs-1-2-4-5.

This guidance tells me that if the main applicant has been granted ILR, their partner can apply as a partner of the main applicant who has already settled on the basis of their Tier 2 visa (please see page 4 of the guidance for details). However, the result of my husband's ILR application has not come out yet, so I don't know whether applying to extend Tier 2 dependent visa is right for me.

Anyone who knows about this situation or had already the same application before.

Thank you very much for your reply in advance.

Kind regards,
Joyce

[CR001]

You apply for a tier 2 dependent visa online.

[Joyceki3431]

You apply for a tier 2 dependent visa online.

Thank you very much for your prompt reply.
I am applying to extend Tier 2 dependant visa up to 3 years online and then the IHS surcharge has been made £0.
Is it normal not to be charged?
(FYI, Tier 2 General of Main applicant, whose result of ILR has not been made yet, is expired 20 April 2020 at the same time with mine.)

[CR001]

You need to pay 3 years IHS. Put your expiry date as 3 years from now in the IHS form.

[Joyceki3431]

You need to pay 3 years IHS. Put your expiry date as 3 years from now in the IHS form.

Thanks a lot for your reply.

I would like to make a change IHS surcharge as yours. How can I do it? Is it alright to make a new e-mail address and restart to apply or are there any other ways?

[CR001]

Yes that is fine.

[Joyceki3431]

Hi all,

I hope you are all well.
I would like to ask about my family's visa issues.

Let me briefly explain the situation first.

I have been living in the UK for 5 years and 11 months with my Tier 2 VISA. I am eligible for the Indefinite Leave to Remain (ILR). I have a wife and two sons (7 and 4 years old). My wife has been living in the UK for 3 years and 10 months with her Tier 2 Dependant VISA. She is not eligible for ILR due to the 5 years residency requirement.

I have applied to ILR 7 months ago with my two sons together. Today I've received an email from a UKVI caseworker saying that my children are not eligible for ILR as part of the requirements for this is that both parents have ILR.

So, my two questions are:
- where is the rule that both parents should have ILR for children to apply for ILR?
- what category of VISA do my children need to apply for? I suppose it is Tier 2 Dependant.

Thank you.

Kind regards,
Joyce

[CR001]

Topics Merged!

[CR001]

I have been living in the UK for 5 years and 11 months with my Tier 2 VISA. I am eligible for the Indefinite Leave to Remain (ILR). I have a wife and two sons (7 and 4 years old). My wife has been living in the UK for 3 years and 10 months with her Tier 2 Dependant VISA. She is not eligible for ILR due to the 5 years residency requirement.

None of your dependents qualify for ILR.

I have applied to ILR 7 months ago with my two sons together. Today I've received an email from a UKVI caseworker saying that my children are not eligible for ILR as part of the requirements for this is that both parents have ILR.

Correct. The children will only qualify for ILR when your wife does. This is very clearly stated in the Immigration Rules.

- where is the rule that both parents should have ILR for children to apply for ILR?

PBS Dependent children will only qualify for ILR when both parents are applying or when one parent already has ILR and the other parent is applying with the children.

- what category of VISA do my children need to apply for? I suppose it is Tier 2 Dependant.

Tier 2 Dependent. As their visas have already expired, best reply to the email that you would like them to be considered for a tier 2 dependent visa, same as your wife.