Dependent Visa extension after ILR

[nacksnow]

Hi everyone,

I’m in the process of applying for ILR after 5 years of Tier 2 General (now PBS Skilled Worker). My wife recently joined me on September 2020 so she is obviously required to extend her current dependant visa. My question is whether I should switch her visa to spouse visa or should I extending her current PBS dependant? My concern is the extended dependant visa will only last for 3 years which still not enough to qualify for ILR. Once I got ILR I will likely got a new job so wont be able to use the current sponsorship number.

Another question I have is about my child who was born recently on 16/08/21. She has 42 days to register her birth but since I will apply for ILR in the early September, I wonder if it is worth delaying the birth certificate to get her British citizenship once I got the ILR? I know she can use form MN1 to do so later but it will cost £1k

Many thanks!

[CR001]

1. Either route, she will be short. PBS dependent is for 3 years and another extension is for 3 years. If you switch to FLR M, it is a 2.5 year visa and she would need another 2.5 year visa totalling 5 years in FLR M before she can apply for ilr. There is NO requirement that you remain with your tier 2 sponsor once you have ILR to extend a PBS dependent visa. You simply need to out the last CoS details in the extension form, whether you are employees by them or not.


2. Delaying the birth registration does not make the child British it change the date of birth. It is the date the child was born, whether before or after your ilr, that determines if the child is automatically British or not. You only have the option of registering the child on form MN1 if you want the child to be british. You must register the birth with the council registry office within the required timeframe.

[nacksnow]

Thanks for your response! Appreciate it.
1. After considering the option we will go for PBS dependant route although it is more costly. Basically 2 years of IHS will be wasted but what else can we do

2. The child birth register stresses me most but now knowing that it is the birth date that counts I will relax and apply for the British citizenship later.

Have a good day!