ILR and council tax reduction

[lukLee]

Hi all,
I appreciate your help with this as my case confusing and need help.

Me:
17/01/2019 - got TIER 2 (General) visa
02/02/2019 - entered UK and stamp on passport with this date
BRP valid until 14/01/2024

My wife:
08/06/2019 - D - TIER 2 PARTNER visa
16/06/2019 - entered UK and stamp on passport with this date
BRP valid until 14/01/2024

First child (born in UK):
08/06/2019 - D - TIER 2 CHILD visa
16/06/2019 - entered UK and stamp on passport with this date
BRP valid until 14/01/2024

Second child (born in UK ):
08/06/2019 - D - TIER 2 CHILD visa
16/06/2019 - entered UK and stamp on passport with this date
BRP valid until 14/01/2024

Third child (NOT born in UK ):
08/06/2019 - D - TIER 2 CHILD visa
16/06/2019 - entered UK and stamp on passport with this date
BRP valid until 14/01/2024

On July 2019 got new child born in UK, later when we went abroad we applied visa for him
15/08/2022 - D - TIER 2 CHILD visa
27/08/2022 - entered UK and stamp on passport with this date
BRP valid until 14/01/2024

On 16/03/2022 changed work and sponsor
got SKILED WORKER vailed until 31/12/2024.
my family stayed on the previous visa and didn't renew that for them as recommendation from you in this forum.

based on that please, guide me on how and when to apply for ILR as have different vises time lines, have family with different starting date than me, have kids born in and out UK.

thank you very much.

[zimba]

You can qualify for ILR within 28 days of completing your 5 years under Tier 2/Work visa. So you qualify for ILR from 20 December 2023. Your spouse will qualify for ILR from 11 May 2024.

•UK-born children do not need to get ILR or settle. They can directly apply to be registered as British citizens using the form MN1 when you get ILR. Any overstaying does not affect them at all.
•The non-UK-born child will follow your spouse's immigration path, so the child will settle with your spouse. Such a child can't be registered as British unless at least one parent becomes British.

[lukLee]

Thank you very much @zimba

- So I will apply for ILR on 20 December 2023.

- Then apply for uk-born kids the MN1 form after I got the ILR, irrespective of their overstaying without visa during that.

- about spouse and non uk-born kid, do I need apply visa extension for them?
Do that be after I got the ILR or immediately?
And what about if my ILR delayed til after the expired visa date for me and spouse of non uk- born kid, do that affect them ?
Please if you give me the time sequence and required applications?
Appreciated your help.
Thank you very much.

[zimba]

Overstaying will have no effect on children born in the UK. The only minor issue is that they may not be able to use NHS until granted citizenship. The others should maintain lawful stay. So your spouse and non-UK-born child need to apply for an extension before visa expiry. If by that time you have ILR, they will get 3-year visas. If your ILR is still processing, then their application will be held until yours is decided.

Your spouse and non-UK-born child may apply for an extension using standard service and delay biometrics for 40 days. If they do not get a decision by May 2024, then they can vary their application to ILR. This way they may get a refund for the extension application and you save money.

[lukLee]

Thank you very much.

[lukLee]

Please, I have update with my issue here. I have been told to leave The work in end of January. In that case assume that I got the ILR and become jobless. In that case what to do for the family as explained above. They should apply for visa extension till May, in that applicable while I have no work.
Please your reply is so important for me as things get very bad and complicated.
Many thanks in advance.

[zimba]

You cannot get ILR unless your employer wants you for the foreseeable future. What happens to your job after getting ILR has no effect on your dependants

[lukLee]

Hi Zimba,
please I have these details of the dates which confuse me.

I have the first visa details:
The sticker in the passport as

• Valid from: 17/01/19

• Valid until: 16/02/19

• came to UK in 02/02/19 (The stamp)

the Residence Permit:

• Date of issue: 29/01/19

• Valid until: 14/01/24

Then I changed sponsor and got new Residence Permit:

• Date of issue: 16/03/22

• Valid until: 31/12/24

I will leave the work by end of January 2024.

My spouse has these details:
The sticker in the passport as

• Valid from: 08/06/19

• Valid until: 08/07/19

• came to UK in 16/06/19 (The stamp)

the Residence Permit:

• Date of issue: 28/05/19

• Valid until: 14/01/24

My question please,
1- Which date consider the end of 5 years stay, in other words, from which date i can apply for ILR?
2- For my wife, i need to apply for visa extension, as she now has the first and only visa which valid till 14/01/24. can I apply now for extension BEFORE end of this month as there is increase in the fees on October as you know, and keep that visa even after leave the job in January and assume that I got the ILR?

Thank you very much for all your valuable replay and help.
Thank you.

[zimba]

1. It starts from 17/01/19. But as things stand, you do NOT qualify for ILR as I explained above
2. No. Your wife cannot get any extension beyond your visa expiry as her visa depends on your status. Unless you manage to secure ILR or a new visa, there will be no more extensions for her

You must focus on finding a new sponsor and securing a new skilled worker visa from the new sponsor. Without a new sponsor, you and your spouse must leave the UK before visa expiry

[lukLee]

Hi,
I am preparing for ILR and one of the things concerned me is the one of the questions is
Public funds received
I am on tire-2 skilled worker
I moved to new house for the last 2 years and didn’t pay attention to that there is reduction in council tax of 25% while I am living with my kids and wife, I didn’t apply for any reduction, I bought this house and the company o bought from them should send my details and it is a new built.
I don’t know if that will cause any problems and what to answer this.
Thanks

[Casa]

Hi,
I didn’t apply for any reduction, I bought this house and the company o bought from them should send my details and it is a new built.

What do you mean by the above sentence? Have you not noticed the single person deduction on your Council Tax statements since you moved in ?

[lukLee]

Yes,
As the company took my details and forward that to the council and I received what it is.

[Casa]

Yes,
As the company took my details and forward that to the council and I received what it is.

It seems that the Company who sold the house believed you were the sole occupant. I believe you should contact the Council to make them aware of the error and be prepared to re-pay any single person deductions before submitting the ILR application.

[zimba]

Single occupant discount on council tax has nothing to do with public funds for the purpose of immigration and it is not considered one at all. Do not make assumptions or invent your own rules. Needless to say, you were not entitled to such a discount so as advised by Casa you must contact the council and pay the difference. This has no ill effect on your ILR