ILR eligibility for dependant child

[ramakrishnagitam]

Hi,

I am, currently on ILR(settled based on Tier2 General work permit visa 5 years stay in UK route). I am planning to apply for dependants ILR now. Wanted a quick help with the eligibility of my wife's ILR eligibility considering there is a break of 13 days from her first Tier2 PBS dependant visa expired date(14 Aug 2015 - 28 Feb 2018) to the 2nd Tier 2 PBS dependant visa submission date(13 Mar 2018), also she applied her 2nd visa from India. Currently her visa is due to expire in 12 Feb 2021.

Could anyone please support me with her eligibility to apply ILR considering the above circumstances.

Also my daughter who's is currently on Tier2 PBS dependant visa(27 Apr 2018 - 12 Feb 2021), wanted to understand whether she's eligible to apply for ILR or she need to complete 5 years of stay in UK before she can be applied for ILR?

Any responses will be highly appreciated.

Thanks,
Ramakrishna.

[CULLINAN]

Why is there a gap? It seems like your wife did not make an in time application before the expiry of first Tier 2 dep visa?

How old is your daughter?

[ramakrishnagitam]

Hi CULLINAN, thanks a lot for your response.
We could not file the application because we were waiting for the dependant visa documents from my employer before filing for her renewal application as such the delay.

My daughter is 3 year 8 months old.

[CULLINAN]

On or after 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with valid leave, applies for entry clearance before their leave expires, is granted and re-enters the UK using that entry clearance
• applies for new entry clearance within 14 days of their leave expiry date, one of the circumstances below applies, their application is granted and they re-enter the UK using that entry clearance
The circumstances are that:
• there was a good reason beyond the control of the applicant or their representative why the application could not be made in time
• the application was made following the refusal of an in-time application and within 14 days of:
o the refusal of the previous in-time application
o the expiry of any leave extended by section 3C of the Immigration Act 1971
(please note that 3C leave lapses when an applicant leaves the UK)
o the expiry of the time-limit for making an in-time application for administrative
application for administrative review or appeal (where applicable)
o any administrative review or appeal being concluded, withdrawn, abandoned
or lapsing
Where an applicant has had a break in their leave while outside of the UK, the entry clearance officer is unlikely to have considered the reason, as any break would be irrelevant to the entry clearance application. As a result, you must consider the reason as part of the ILR application. The SET(O) form requests that migrants provide evidence demonstrating why previous applications were submitted while they did not have valid leave. Each break must be decided on its merits. There is further information on this type of consideration in the overstayer guidance.
If an applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 14 days after their previous leave expires, for any reason, the continuous period is broken and leave is not aggregated. The continuous period would also be broken where the gap is within 14 days, but you do not consider the reasons provided to be sufficiently compelling.

Page 19.

https://assets.publishing.service.gov.u ... pdf#page16

[CULLINAN]

Where is your daughter born? If your daughter is born abroad, she can apply for ILR when your wife does. Residence does not apply to her.

But read the above guidance and see if your wife qualifies.

[ramakrishnagitam]

Thanks a lot for your detailed response. really appreciate it.

I have gone through all the detailed explanation, and My wife comes under the below category.

applies for new entry clearance within 14 days of their leave expiry date, one of the circumstances below applies, their application is granted and they re-enter the UK using that entry clearance.

The reason for the delay in applying her visa was, waiting for the documents from my employer to file the visa application. I have requested for the necessary documents from my employer well before her visa expiry date, but upon reminders I have received the documents on 04 Mar 2018.

Her visa expired on 28/02/2018 and I have received all the necessary documents only on 04th March 2018 as such I couldn't file her application on time.

I am not sure whether the above reason is a compelling reason for us to file her ILR application.

Could you please guide me through this.

My daughter born in India for your information.

[CULLINAN]

You should have applied your wife’s visa before expiry and the documents could have been submitted before biometrics also. To be honest, I can not comment, if CW takes this as a compelling reason or not. But you will have to explain in the cover letter and hope for best.
Your daughter will apply when your wife applies.

[ramakrishnagitam]

Thank you so much, I really appreciate your feedback on this matter. I wasn't sure whether I receive the documents on time as such I had planned for visa submission only after receiving the documents, because after couple of follow-ups only they have responded as such didn't book the appointment before getting the required documents.

I have got all the To/fro communications with my employer.

Thanks again for your response.

[ramakrishnagitam]

Hi,
This is Ramakrishna currently on ILR(Got through 5 year Tier 2 General shortage of work visa). I am planning to file ILR application for my dependant child currently on Tier 2 PBS dependant visa which is due to be expired in 12th Feb 2021 by then she would be completing 3 years in UK. Wanted to understand if I can apply for ILR instead of going for Tier2 extension.

Could anyone please throw some light on this and also if there is any financial requirement for the same.

Thanks,
Ramakrishna.

[secret.simon]

My daughter born in India for your information.

Your daughter will be eligible for ILR along with the less-privileged parent (in this case, her mother).

Children born abroad follow the same immigration pathway as the less-privileged parent. Your daughter should apply for the same visa as the less-privileged parent.

[ramakrishnagitam]

Thanks for your response. If we want to file only my daughter application is it not possible to apply for ILR?

Please see below my wife's Tier 2 PBS dependant visa details for quick reference.

1st visa - 29 June 2015 to 28 February 2018
2nd Visa application submission date - 13 March 2018(Applied from India)
2nd Visa appointment date : 21 March 2018
2nd Visa Validity : 18 April 2018 to 12 February 2021

considering the above circumstances need to understand the best possible options to continue their stay here. I have looked at the below options.

Scenario 1. Filing both applications for ILR(Not sure whether the 13days delay in filing her Tier 2renewal application affect the eligibility of ILR)
Scenario 2 : Filing Tier2 PBS dependant visa extension( We have funding issue there was short fall of the required funds of £1230(£630 for each applicant) for few days as such looking at scenario3 option)
Scenario 3 : Filing their applications separately to get the desired outcome.

Could you please help me understand to get a workable solution.

Thanks,
Ramakrishna.

[ramakrishnagitam]

Hi,

This is Ramakrishna currently holding ILR, Wanted to quick ask the below question regarding my wife and daughter's Tier2 PBS dependent extension based on my ILR. Currently they are in UK and their visa's are due to expire on 12 Feb 2021.

Wanted to understand the funding requirements.

Currently We have a funding issue to file our Tier2 PBS dependent visa extensions : Guidance copied from GOV.UK website : You must have £2,205 if you want to bring your partner and one child with you to the UK (£945 to support yourself plus £630 for your partner and £630 for your child).

1. Do I need to maintain funds of £945 for myself also with my dependants maintenance fund of £630 each, in total £2,205 for a period of 90 days as I am on ILR?
2. Can we show funds from abroad account?
3. Does it need to be joint account?
4. If we don't have joint account, can I show my wife's 90 days of bank account statements along with my 90 days of UK bank account statements to show the total funding requirement?

Could you please help me with information, as it is really essential and urgent.

[CULLINAN]

indefinite-leave-to-remain/ilr-eligibil ... l#p1966023

Are you both the same??

[ramakrishnagitam]

Yes, we are trying out with all the possible options.

[CULLINAN]

indefinite-leave-to-remain/tie2-pbs-dep ... 09308.html

indefinite-leave-to-remain/ilr-eligibil ... 09119.html

You have multiple topics, duplicate posts and two usernames?

[ramakrishnagitam]

we wanted to understand the best possible option for us considering our circumstances as such trying all the options not intended to create duplicate posts.

[ramakrishnagitam]

could you please help with your response to the below post. It's really really important as such posted by myself and mywife as we are trying hard to get the response.

indefinite-leave-to-remain/tie2-pbs-dep ... 09308.html

[CR001]

Yes, we are trying out with all the possible options.

Multiple usernames are strictly prohibited on the forum. Multiple duplicate topics too.

announcements/multiple-member-id-s-t11811.html

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

announcements/multiple-posts-will-be-lo ... t5722.html

We are all unpaid volunteers here and it is unfair on those giving their time for free when users abuse that by creating multiple usernames and topics to "get the best advice and options"!!!

I suggest you decide very quickly which username you wish to keep before I ban both of them and your IP address and email addresses.

[ramakrishnagitam]

sorry for the inconvenience caused, I have no intentions to duplicate and bother anyone. I would like to continue my userid : ramakrishnagitam for further queries.

[CR001]

1. £630 for each dependent for 90 days only.

2. Yes.

3. No.

4. Yes.

Note that your child if born abroad will NOT qualify for ilr until your spouse does.

[ramakrishnagitam]

Thanks a lot responding to my query, much appreciate it, as per your response I don't need to maintain funds for myself, maintaining only £1260 should be sufficient enough to file the application.

Also is there is any timeline which we need to follow to file the applicatin? ie ( how many days before expiry visa application need to be filed?

Could you please help?

1. £630 for each dependent for 90 days only.

2. Yes.

3. No.

4. Yes.

Note that your child if born abroad will NOT qualify for ilr until your spouse does.

[CR001]

They can apply at any time. It will be a 3 year extension.

[ramakrishnagitam]

Thanks a lot for your help. Really appreciate your support.