Can a dependant who is on T2 (ICT) apply as my dependent

[t2ictilr]

Dear All,
I am planning for a T2 (ICT) ILR in Oct / November. My wife is also on T2 (ICT) and we are living together for more than 2.5 yrs. So can i include her directly in my SET (O) form as a dependent.
My elder son is dependent on my wife
My younger son is dependent on my visa.
I am planning to apply for SET(O) with 3 dependents.
Pls confirm this is OK.

Regarding the payments, page 4 and page 5 are confusing. Do i need to use page 4?

Regards
T2 ICT ILR Seeker

[Greenie]

No -if your wife has her own tier 2 ict visa she cannot be included in your application for ilr.

[t2ictilr]

So what do you suggest?
Myself and younger son only to be included in my SET(O) ?

What about my wife and elder son, who are staying with me since more than 2.5 yrs.

[Greenie]

Your child can switch to being your dependent and then be included in your application for ilr. Your wife can either continue in her current category until she qualifies for ilr. If that is not possible she can leave the UK and apply for entry clearance as your dependent however she will need to spend 5 years in this category before being able to apply for ilr as your dependent.

[t2ictilr]

Your child can switch to being your dependent and then be included in your application for ilr. Your wife can either continue in her current category until she qualifies for ilr. If that is not possible she can leave the UK and apply for entry clearance as your dependent however she will need to spend 5 years in this category before being able to apply for ilr as your dependent.

Switching my child as dependent => Does it mean, directly i can include him the ILR application? Anything else to be done?

[Greenie]

No -he would need to apply for limited leave as your dependent first.you can't directly include him on your application for ilr. Was he born inside or outside the UK?

[t2ictilr]

No -he would need to apply for limited leave as your dependent first.you can't directly include him on your application for ilr. Was he born inside or outside the UK?

He is born in India. He joined me along with my wife in Dec 2009 as her dependent. What is the process for applying him as a dependent?

My younger son is born here.

[Greenie]

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

[t2ictilr]

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

Hi

I was going thru
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/ last paragraph

Can your dependants apply for settlement?

If your dependants want to apply for settlement, they and you must meet all the requirements of the Immigration Rules at the time when they apply for settlement. If they are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.

At present, your partner must have lived with you in the UK for a minimum of 2 years before they can apply for settlement. Your children can apply for settlement at the same time as you do.

As my wife has been living with me, so can she not qualify for settlement?

[wpilr_nov12]

But at present your partner is not your 'dependent'.

[geriatrix]

Elder child - You may include the child in your settlement application. It is no longer necessary for the child to be "in the UK as the dependant of the PBS migrant parent applying for settlement.
The requirement is to be the "child of a PBS migrant parent applying for settlement" and be in the UK as PBS dependant (of either parent).
319J(b)(i)

Wife and younger (UK born) child - Read FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting.

[wpilr_nov12]

Elder child - You may include the child in your settlement application. It is no longer necessary for the child to be "in the UK as the dependant of the PBS migrant parent applying for settlement.
The requirement is to be the "child of a PBS migrant parent applying for settlement" and be in the UK as PBS dependant (of either parent).
319J(b)(i)

How does OP (and the elder child) go about satisfying 319J(C) of the referenced rule?

[geriatrix]

Aaahhh!! Thanks, wpilr_nov2012, for highlighting the error

I was aware that a child could "switch parents" to apply for FLR and assumed that it was similar for ILR ... perhaps the reason I read what I wanted to .. and not further down to 319J(c).

OP, ignore my response above regarding your elder child ... follow Greenie's responses.



That said, I fail to understand the point of 319J(b) when it is to be overridden by 319J(c)? Also, allowing minor dependant to switch parent for FLR but not allowing them to do so for ILR is absurd (to me at least). Guess UKBA wants to make some money by forcing them to pay for a completely unnecessary extra step!! Just as they filled their coffers (until recently) by forcing PBS dependants to apply for FLR(M) before applying for settlement.

Rant over.
And, apologies for the inaccurate response above.

[vinny]

Dear All,
I have an ILR since Oct 2012.
My wife is on Tier2 PBS since Dec 2009 and has almost spent 4 yrs in UK and was not on my dependent visa since Dec 2009. Earlier in 2008 she came to UK on dependent visa for 3 months (Feb08 to May08) and also was on Tier 2 visa for 4 months (Sep 2008 - Jan 2009)

My question to the group is
1. Can we apply for ILR for my wife now directly. She never being a dependent on me since last 4 yrs?
OR
2. Does she need to become a dependent first and then after completing total of 5 yrs in UK, can she apply ILR?

What is the route for us?

thank you

[vinny]

1. No.
2. No. If she switches to FLR(M), then she may qualify for SET(M) after 5 years under FLR(M).

Can she not eventually qualify for ILR under Tier 2 (ICT)?

[t2ictilr]

Dear All,

1. My wife is currently on Tier2(ICT) since last 4 yrs. Her company is not ready to extend her visa as she will be completing 5 yrs and will be eligible for ILR, we are planning to apply for FLR(M) as my dependent (I have my ILR since last year).
Is this the only route for my wife to continue her stay in UK?

2. If she becomes my dependent via FLR(M) route, when can she apply for PR? Does she need to wait for 5 yrs?

3. My elder son has been my wife's dependent since last 4 yrs. Does he also need to become a dependent along with my wife in FLR(M) category OR can i apply for his ILR under a different section. If so, which form should we use for my elder son.

Any help in this area will be appreciated.

Regards

[vinny]

Dear Moderators,

My wife and elder son were on Tier 2 ICT from Dec 09 to Jan 14 (4 yrs 1 month). But due to some issue, we switched them to FLR(M) in Jan14. In Dec14, theycompleted 5 yrs of stay in UK ( 4.1 yrs in Tier2 ICT and 11 months in FLR(M) categories).

When we approached for ILR via SET(M), they rejected mentioning that they need to spend 60 months in FLR(M) category.

I understand that in July 2012, rules changed for spouses that they need to spend 5 yrs if they are switched to this category.

Is there any thing that can be done to atleast get ILR for my wife and elder son, other than waiting for the remaining years in this category.

[vinny]

Unfortunately, the refusal was correct.

[t2ictilr]

Dear Moderators,

My wife and elder son came to UK on T2 ICT in Sep 2008 and left back to India in Feb 2009 due to some issues.
Again came back to UK in Dec 2009 after a gap of 10 months with the same visa.
In Sep 2013, they were eligible for ILR under SET(O), however we didnot realise this, as were under the impression that because of 10 months gap, we thought the first date of entry will be considered as Dec 2009.
Without realising this in Jan 14, due to some other circumstances, we had switched their visa to FLR(M) as my dependents.
We realised the mistake now. Is there any way we can present our case and apply for SET(O)?

Years Visa From To Outside No. of months
Year 1 T2 ICT Sep 2008 Sep 2009 Feb-Sep 8
Year 2 T2 ICT Sep 2009 Sep 2010 Oct-Nov 2
Year 3 T2 ICT Sep 2010 Sep 2011 None
Year 4 T2 ICT Sep 2011 Sep 2012 None
Year 5 T2 ICT Sep 2012 Sep 2013 None
Year 6 T2 ICT Sep 2013 Jan 14
Year 6 FLR(M) Jan 14 Tilll Date

Regards