family status during ILR application process

[prreddy]

Hi Guru's, need your advice.

I'm currently on Tier 2 Visa valid from nov 2017 valid till nov 2026.
My wife and son have dependent visa's which are valid till Nov 2026.

I had a break of more than 6 months during covid. hence was hesitating to apply for ILR even though I was eligible in Nov 2022.

I now want to take risk by applying for ILR in Nov 2024 just for myself as I have strong reasons for my absence.

my plan is:
If my ILR gets approved, I will apply ILR for my wife as well. and my son for naturalization directly via MN1 form. (their existing visa is valid until (Nov 2026)

my question is: Can I apply for ILR just for myself and let my dependents continue on their existing visa until I get a decision?

if yes. is my plan above valid? or are there any issues?

hope my query is clear.

Thank you.

[CR001]

and my son for naturalization directly via MN1 form. (their existing visa is valid until (Nov 2026)

Where was your son born?? If born abroad, the child needs ILR first.

my question is: Can I apply for ILR just for myself and let my dependents continue on their existing visa until I get a decision?

Yes, why wouldn't their visas be valid?

if yes. is my plan above valid? or are there any issues?

Why would there be?

[prreddy]

Thank you CR001 for your swift reply.

my son was born in the UK.

How soon do I have to apply for my wife ILR after I receive my ILR?

[CR001]

Your wife can apply for ilr when she meets the requirements and at any time before her current visa expires!!

[prreddy]

Thank you for the clarification.

I’m eligible to apply for ILR Via 10 (LR) year route and
5 year skilled worker route.

What are the implications on my dependants if I apply via 10 year route please?

Can my wife apply for ILR via 5 year route (skilled worker dependant)?

[CR001]

It doesn't matter which route you apply. She continues on her current visa and applies for ilr on form Set O when she meets all the requirements!!

[prreddy]

Thank you CR001.

[prreddy]

I need your expert advice on which route to pursue with my ILR? whether 10 year LR Route or 5 year Skilled worker route. and what are the chances of Home office exercising Discretion in my Case Regarding Absences.

my Background:
Been in the UK since 2008.
ILR Set(O) applied in April 2016 & refused in Sept2017 due to Tax discrepancies in 2011.
been on Skilled worker route since 2017.

I was stuck away for 300+ days from march 2020 due to Covid.

during this period:
1) I have the proofs of return tickets and cancellations & re-scheduled bookings multiple times & email exchanges with the airlines.
2) I have the proofs of Civil Aviation Ministry Circulars, suspending International flights which covers the whole period of my absence.
1. I continued to work for my UK Employer without any disruption and paid taxes here.
2) I maintained all UK financial commitments for the whole period of absence ( Mortgage, Council Tax, Car Insurance, Utility Bills, Mobile Bill, Internet Bill etc. I have proofs of all the bills & payments.
3. My Covid Test positive result & proofs of Vaccinations.

I did not cancel any of my UK commitments because I always viewed my absence as temporary, with the UK remaining my primary place of residence. These ongoing financial commitments during my absence demonstrate my strong and continued connection to the UK

Despite being aware that my absence might impact my eligibility for ILR, I prioritized acting as a responsible citizen, following both UK and Indian government travel advisories. The UK has always been my primary place of residence.

[zimba]

We cannot tell you whether UKVI will exercise discretion or not. Most people think that simply citing the pandemic is a good reason to cover very long periods of absence but it may not be. Travel was indeed disrupted but UK borders were open and travel to the UK was possible throughout the pandemic (it was not easy or straightforward but it was possible).

[prreddy]

I understand there are concerns that simply citing the pandemic may not always be seen as a sufficient reason for extended absences. I would like to assure that my case involves more than just a general reference to COVID-19.

Initially My family and I made multiple efforts to return to the UK as soon as possible, but we were directly impacted by travel restrictions, lockdowns, and frequent flight cancellations. I have documented evidence of numerous flight bookings and cancellations over the course of several months, each time hoping the situation would allow us to travel back. Unfortunately, circumstances beyond my control delayed our return.

Although at a later stage I am aware that some limited flights were operating during certain periods of the pandemic, both the UK and Indian governments strongly advised against non-essential travel. Travel was restricted to urgent and emergency purposes, and I made the decision to prioritize the health and safety of my family and the public by adhering to these guidelines

During my time away, I maintained strong ties to the UK, including financial commitments such as mortgage payments, council tax, utility bills, and other obligations. My intention was always to return as soon as possible, and I made every effort to do so.

I hope this clarifies that my absence was not a choice, but a result of unprecedented global travel restrictions.

[zimba]

No one can assure you here as this is up to UKVI. Also, this has nothing to do with having ties to the UK, paying taxes or having obligations here. It is about satisfying the ILR requirements under the rules. ILR is not an entitlement and UKVI does not have to exercise any concessions to enable you to secure ILR.

[prreddy]

Thank you for your response. I completely understand that the decision ultimately lies with UKVI and that ILR is not an entitlement. My intention is not to suggest that having ties to the UK automatically qualifies me, but rather to provide as much context as possible about my situation.

While satisfying the ILR requirements is, of course, essential, I believe it’s important for me to explain the specific circumstances surrounding my absence due to COVID-19. I fully appreciate that UKVI may or may not exercise discretion, but by presenting a clear and honest account of my situation, I hope to demonstrate that I did everything within my power to return as soon as possible.

I’m not expecting any guarantees, but I believe sharing as much relevant information as I can is the best way forward.

[prreddy]

Any suggestions or thoughts from experts on the best route to pursue and chances of exercising descretion please.