Applying for child dependent on ILR

[Mithilesh09]

Hi,
Thank you for this platform. I am really grateful to whoever can give me some advice regarding my situation please.

I came to UK in Aug 2018 on Tier 2 visa, and my wife and 2 daughters ( both under 18), were dependent on me.
I changed employer for a training post in August 2019, and was again granted Tier 2 visa for 3 years with my family as dependents.
My wife changed from Dependent to skilled worker visa in August 2021, but my daughters were still dependent on me.

1st question - My wife will also complete 5 years in England in August 2023. Can she still apply for ILR as she switched visa in 2021?

Due to going from full time to LTFT 80%, I had to apply for an extension of my Tier 2 visa on the 21st July 2022.
I waited but did not get a response so I applied for a skilled worker visa on the 25th October 2022 as my training ended and I got a job with sponsorship.
I received an email from Home office on 31st Oct 2022 which mention they voided the application for the extension as I had put in another visa application and also refunded me.

2nd question - Will this affect my ILR application? The fact that they voided my extension visa.

3rd question - Will I be able to apply ILR for my 2 daughters as well even if their mum cannot apply yet?

I have visa till 13th Nov 2023, though I will complete 5 years on 26th August 2023.

4th question - When is the best time to start application for ILR?

Thank you so much in anticipation.

[CR001]

1st question - My wife will also complete 5 years in England in August 2023. Can she still apply for ILR as she switched visa in 2021?

No she cannot. Her clock for ILR reset when she switched to Tier 2 Main visa holder. You cannot combine dependent time and main visa time to make up 5 years for ILR. She needs either 5 years as a PBS dependent OR 5 years as a PBS main visa holder to qualify for ILR.

Due to going from full time to LTFT 80%, I had to apply for an extension of my Tier 2 visa on the 21st July 2022.
I waited but did not get a response so I applied for a skilled worker visa on the 25th October 2022 as my training ended and I got a job with sponsorship.
I received an email from Home office on 31st Oct 2022 which mention they voided the application for the extension as I had put in another visa application and also refunded me.

2nd question - Will this affect my ILR application? The fact that they voided my extension visa.

No, it should not.

3rd question - Will I be able to apply ILR for my 2 daughters as well even if their mum cannot apply yet?

No you cannot. They can apply for ILR when your wife does.

I have visa till 13th Nov 2023, though I will complete 5 years on 26th August 2023.

4th question - When is the best time to start application for ILR?

You can apply no sooner than within 28 days before the 5th anniversary of your initial visa issue date.

[Mithilesh09]

Thank you for your valuable time and advice.

Regarding my daughters, as their visas end with mine, should I apply for an extension of their dependent visa on me or on my wife?

Thank you again

[CR001]

It doesn't matter.

[Mithilesh09]

Dear team,
Could you please guide regarding application for my children as dependent on my ILR please? I have applied for ILR for myself and though my 2 daughters have been dependent on me for the last 5 years, they cannot apply for ILR as my wife still has 2 more years in order to apply for ILR.
Which form should I be using to apply for my children as dependent on my ILR please - it can be so confusing on Gov.uk.

Thank you for your time and response.
Mithilesh

[CR001]

You apply for their pbs dependent visa extsnsions either as your dependent ir your wife's dependent.

Their new pbs dependent visas will expire when your wifes does if valid for 3 years or less.

You were advised of this in july when you asked.

The children cant apply for any other visa category if your wife does not also apply for a spouse visa

[Mithilesh09]

Thank you for your advice.

Please if you can, could you post the link to apply for the Children dependent visa, I am so confused with the online gov.uk portal. Should I be using the same form as the family visa extension for the application?

Thank you again.
Really appreciate your help.

Mithilesh

[zimba]

Apply under the skilled worker children. You can find the link to 'apply online as your child inside the UK' on this page: https://www.gov.uk/skilled-worker-visa/ ... d-children

@CR001 I think it is better not to use the 'PBS dependant' anymore, that would be confusing

[Mithilesh09]

Thank you again for the invaluable support and guidance that you give.
Kind regards

Mithilesh