CoVID concession for ILR for dependent

[Chinny]

Hello All,

At the point of applying for my ILR, my dependant son will have about 7 months to his 5 year mark. Please kindly advice me on next visa for him at that point.
I was considering tier 2 dependant extension but considering I'd no longer be on tier 2, will this be a valid visa route for him.
For context, he was born in the UK but has lived abroad so broken the "continuous living" clause. Thanks

[zimba]

Hello All,

At the point of applying for my ILR, my dependant son will have about 7 months to his 5 year mark. Please kindly advice me on next visa for him at that point.
I was considering tier 2 dependant extension but considering I'd no longer be on tier 2, will this be a valid visa route for him.
For context, he was born in the UK but has lived abroad so broken the "continuous living" clause. Thanks

Children do NOT have a 5 year requirement for ILR. They settle when both parents settle. Non-UK-born children (if they cannot settle), will continue to follow the immigration path of the less privileged parent. UK-born children do not need ILR and can be registered as British once one parent is settled.

[Chinny]

Thanks for your prompt reply.

For clarification, does this imply I can apply for ILR for him at the same time as myself?
Or Do I wait for my ILR to come out before applying for his ILR (by this time his BRP would have expired already and he'll be overstaying)?

[CR001]

If the child was born in the UK, you can skip ilr and apply for citizenship once your ilr is granted.

[Chinny]

I am currently on tier 2 SWV and due for ILR in September 2025.
By then my son will be 4 years with me as he joined in 2016 even though he was born in uk but left in 2016 and returned in 2021.
I’d appreciate advice on the way to go for him. I am aware that when I get my ILR, I can apply for naturalisation for him since he was born here.
His current visa expires same day as me so I don’t want to complicate his situation.

[CR001]

A uk born child doesn't need a valid visa to apply for citizenship.

[Chinny]

But he has not lived all his life in the UK, he was away for a while and returned. He currently has a visa so may risk overstaying at the expiry in September. Is there a visa category I can hinge him on for the time being till I get mine back? Something like visa extension on his current t2visa dependent.

[CR001]

It doesn't matter if he was away for a long time or doesn't have a visa. He has an entitlement to register as British if born in the uk.

Any visa extension you would apply for when you apply fornilr and is a 3 year extension.

Where is the other parent and what is their immigration status?

[Chinny]

My husband (his dad) is also applying with me for ILR at the same time. We both started T2SWV/dependent same date so due for ILR together. Our concern is our son’s status at the time we apply.

[CR001]

He becomes an overstayer but this has no effect on his entitlement to be registered as British

[Chinny]

Hi I'm applying for the Set (o) % year route ILR for skilled worker and came across this question:
Other countries you have lived in "Have you previously lived in a country outside the UK including your country of birth?"
Please is this for only within the 5 years or all through my life? Thanks in advance

[CR001]

All countries you have lived in (not visited) your whole life.

[Chinny]

Hi,

Does the Covid concession for ILR that states that time awaiting decision counts towards qualifying period apply to dependent too. I applied together with my husband so can we apply for ilr together under same clause. Thanks in advance.

[zimba]

It seems so: https://www.immigrationboards.com/viewt ... 4#p2194666

[Chinny]

Thanks Zimba,

His wife had ILR already so it seems a slightly different case to me. We were on t4 and T4D before the t2 and t2d applications in Covid 11/8/20.

[zimba]

Thanks Zimba,

His wife had ILR already so it seems a slightly different case to me. We were on t4 and T4D before the t2 and t2d applications in Covid 11/8/20.

It does not matter that the wife had ILR or not in that case. If the concession applies, it applies regardless of whether you apply together or not

[Chinny]

Thanks Zimba.

Also, I first came into UK in 2013 under T4 and left in 2014, came in again in 2015 under T4 and left in 2016 then again in 2018 and been in UK since then. This question on the ILR form confuses me a bit please "Have you previously lived in a country outside the UK including your country of birth?" How do I approach it. Thanks

[zimba]

Thanks Zimba.

Also, I first came into UK in 2013 under T4 and left in 2014, came in again in 2015 under T4 and left in 2016 then again in 2018 and been in UK since then. This question on the ILR form confuses me a bit please "Have you previously lived in a country outside the UK including your country of birth?" How do I approach it. Thanks

It is self-explanatory. You list all the countries you have lived in. This question has no relevance to the ILR decision-making

[Chinny]

I guess it should be self explanatory but it sadly isn’t. They just ask for ‘from’ date and ‘to’ date.

[zimba]

I guess it should be self explanatory but it sadly isn’t. They just ask for ‘from’ date and ‘to’ date.

The question is not important. Do not overthink this and enter the countries/periods in which you lived outside the UK before moving to the UK only

[Chinny]

Thanks Zimba,

I plan to make the application for me and my husband this week. Although I’m sure I’m covered by the concession, I’m quite anxious about whether he is. I will be doing priority and hope for the best. Thanks so much, you’re ever so helpful.

[zimba]

Thanks Zimba,

I plan to make the application for me and my husband this week. Although I’m sure I’m covered by the concession, I’m quite anxious about whether he is. I will be doing priority and hope for the best. Thanks so much, you’re ever so helpful.

My view is you both will get ILR, so no need to worry

[Chinny]

So I’m on the key question that this whole concern sits…when did you first enter the UK? (This is the date you entered the UK when the period of stay you are basing this application on started). I’m guessing this is where we put our application date of 11/08/2020. Even though we were in the uk on T4 prior. Thanks in advance

[zimba]

So I’m on the key question that this whole concern sits…when did you first enter the UK? (This is the date you entered the UK when the period of stay you are basing this application on started). I’m guessing this is where we put our application date of 11/08/2020. Even though we were in the uk on T4 prior. Thanks in advance

See: How to answer the date of entry question on the application form