ILR for my dependents not completing 5 years

[nikonline123]

Hi,

I had my ILR appointment on June 20th under Tier 2 (General) visa, with a Biometric Residence Permit (BRP) issued on July 8, 2019 and expiring on July 14, 2024.

Below is the visa details for my dependents where my wife and daughter and falling short of 3 months to complete the 5 year continuous stay as my dependants:
Wife: 
Current Visa: PBS Dependant Leave to Remain
Dates: 08-10-2019 to 14-07-2024
Previous Visa: T2 ICT Long Term Leave to Remain
Dates: 01-05-2019 to 28-05-2020

Daughter: 
Current Visa: PBS Dependant Leave to Remain
Dates: 08-10-2019 to 14-07-2024
Previous Visa: PBS Dependant Leave to Remain
Dates: 01-05-2019 to 28-05-2020

Questions:
1. Can my wife & daughter, both apply for ILR once I get the ILR (considering they have spent over 5 years including the time on Tier 2 ICT / PBS Dependent visa already ? 

2. If not, Can they submit the application a few days before their visa expiry date, i.e. before 14-07-2024 and schedule the biometric appointment sometime after 10-09-2024 when they complete 5 year continuous stay less 28 days on T2 General dependent visa ? If yes, will their stay in the UK be legal as their dependent visa would have expired but their ILR appointment scheduled 

Trying to understand if there is any option to apply ILR directly for my dependent daughter and wife while avoiding all the hassle and fees for visa extension. The gov.uk website is not very clear w.r.t. specific scenarios

-TIA
Nik

[zimba]

Children do NOT have any residence requirement and they settle when both parents settle. Your wife is short of more than 2 months, even considering the 28-day concession. The earliest date of her ILR eligibility is 10 September 2024. But It is possible to apply early, benefit from section 3C and rely on the date of the ILR decision

See: Applicants can benefit from the date of the ILR decision

So your wife and daughter must apply before visa expiry using standard visa service and delay their biometrics for up to 45 working days (max limit allowed). This allows their date of decision to be on or after 10 September 2024. This way they can avoid an extension step all together

[nikonline123]

Hi Zimba,

Thanks for the late reply. I have seeen your replies on other posts and thought the same but wanted to confirm if my understanding w.r.t. dates are correct.

Their visa expiry date is 14/07 so if they apply on 12/07 under standard visa service, the latest biometric appointment would be for 17/09 as per 45 working days. Is the decision at the discretion of the home office / immigration officer dealing with the case ? Can the decision be challanged ?

I am suprised why no immigration solicitor suggests this option. I emailed 5 immigration solicitors and 3 of them said that my dependents will have to extend the visa and other 2 sent the quote of their service.

Also, another query if you can help. My younger daughter was born in UK. She has the Indian passport
Can I apply for her naturalisation / citizenship directly even if other parent (my wife) hasn't got the ILR ?

[Ticktack]

Hi Zimba,

Thanks for the late reply. I have seeen your replies on other posts and thought the same but wanted to confirm if my understanding w.r.t. dates are correct.

Their visa expiry date is 14/07 so if they apply on 12/07 under standard visa service, the latest biometric appointment would be for 17/09 as per 45 working days. Is the decision at the discretion of the home office / immigration officer dealing with the case ? Can the decision be challanged ?

I am suprised why no immigration solicitor suggests this option. I emailed 5 immigration solicitors and 3 of them said that my dependents will have to extend the visa and other 2 sent the quote of their service.

Also, another query if you can help. My younger daughter was born in UK. She has the Indian passport
Can I apply for her naturalisation / citizenship directly even if other parent (my wife) hasn't got the ILR ? Yes you can if either of you gets ILR.

[zimba]

Hi Zimba,

Thanks for the late reply. I have seeen your replies on other posts and thought the same but wanted to confirm if my understanding w.r.t. dates are correct.

Their visa expiry date is 14/07 so if they apply on 12/07 under standard visa service, the latest biometric appointment would be for 17/09 as per 45 working days. Is the decision at the discretion of the home office / immigration officer dealing with the case ? Can the decision be challanged ?

I am suprised why no immigration solicitor suggests this option. I emailed 5 immigration solicitors and 3 of them said that my dependents will have to extend the visa and other 2 sent the quote of their service.

Also, another query if you can help. My younger daughter was born in UK. She has the Indian passport
Can I apply for her naturalisation / citizenship directly even if other parent (my wife) hasn't got the ILR ?

The rules tell the caseworker to use the date that is most beneficial to the applicant. After all, due to section 3C, the applicant will have accumulated the lawful residence fully, so they cannot refuse such an application even if they wanted. Did you properly read the advice given or not ?

UK born children can be registered as British if one parent gets ILR. Such a child does not need a valid visa or ILR either

[nikonline123]

I read the rules mentioned if you are referring to below:

CR 6.1. The continuous residence periods in CR 2.1., CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.

As a novice just wanted to understand if the home office / immigration officer dealing with the case can still deny ILR despite the above mentioned rule. With the ILR fees of £2850 I was just being cautious.

However looking at your responses over similar query for different people and lot of people on the forum sharing that they were granted the ILR based on the above rule, I'll take my chances.

Thanks a lot again.

[zimba]

They cannot deny it without violating the immigration rules.

[nikonline123]

Awesome.. thats soooo assuring. Thanks. Will keep this thread posted once I get the decision

[zimba]

Awesome.. thats soooo assuring. Thanks. Will keep this thread posted once I get the decision

More success stories: viewtopic.php?t=347642#p2168533
Do not doubt it

[nikonline123]

Hi again zimba.. SO I went ahead and submitted the ILR applications today hoping to book the appointement 45 working days later. However to my surprise the latest appointment that's available to be booked on https://www.ukvcas.co.uk/ is for 6th August which is roughly 28 days from now (not even 28 working days)

By any chance do you know if this is something which may have changed recently or If I am doing something wrong ?

I am gutted coz this means I'll have to apply for visa extension and go through all the hassle and extra money

[zimba]

Wait until you get a date in September. UKVCAS may not offer appointments way in advance, there is no need to book your appointment now. As I said you simply have to manage to book an appointment within 45 working days from submission

[nikonline123]

I checked again today for multiple locations but all the locations show the latest available date as 7th August now. From what I understand I have only till 14 July (visa expiry date for my spouse and daughter) to book the appointment. If I book the appt. after 14 July, would't they overstayed their visa and create more problems for them ?

So far failing to understand if UKVCAS will even allow booking appt. 45 working days in future as on the home page they show the message 'Book your appointment up to 28 days in advance.'. Any pointers ?

[CR001]

From what I understand I have only till 14 July (visa expiry date for my spouse and daughter) to book the appointment. If I book the appt. after 14 July, would't they overstayed their visa and create more problems for them ?

Incorrect.

The date of application is the date you submit and pay online. It is not the appointment date, which can be after their visas expires. They will not be overstayed!!

[nikonline123]

How long is the Application valid after submission & payment ? I tried to search on gov.uk but couldn't find anything.
Hypotheticaly assuming it to be 90 days, can I still book the appointement after 80 days of application submission even though the Visa has expired ? Would the stay not be considered illegal in that case ? If not, it seems there is lot left. to understanding the law and how people or case managers interpret it as the simple most guidelines is to apply 28 days before 5 year period

Again @zimba You have been super helpful so far to me & many others on this forum. Sorry for asking too many questions but just want to be sure that I am on the right side of law and don't enter into any problem w.r.t. money or legallity of the route we follow.

[CR001]

You only have 45 working days to attend the appointment once the application has been submitted.

If you do not attend the appointment, the applicarion will be rejected as invalid, and then they will be overstayers

Just book the next available appointment and stop creating scenarios or issues where there aren't any.

[nikonline123]

@CR001 thanks but as I mentioned I can't see any appointment beyond 7th August as of today. What I meant and want to understandf is that since i have already submitted & paid for the application, how long I can wait before I book the appointment while keeping my wife & daughter's stay valid/legal ?

Can I wait for another 35 days (until 16th August approx) before I book the appointment to get appointement date for 10th September or beyond ?

[AmazonianX]

@CR001 thanks but as I mentioned I can't see any appointment beyond 7th August as of today. What I meant and want to understandf is that since i have already submitted & paid for the application, how long I can wait before I book the appointment while keeping my wife & daughter's stay valid/legal ?

Can I wait for another 35 days (until 16th August approx) before I book the appointment to get appointement date for 10th September or beyond ?

Yes you can wait for the window date you have in mind to open. The UKVCAS appoints are not displayed for long.

[zimba]

Wait until you get a date in September. UKVCAS may not offer appointments way in advance, there is no need to book your appointment now. As I said you simply have to manage to book an appointment within 45 working days from submission

[zimba]

CR001 thanks but as I mentioned I can't see any appointment beyond 7th August as of today. What I meant and want to understandf is that since i have already submitted & paid for the application, how long I can wait before I book the appointment while keeping my wife & daughter's stay valid/legal ?

Can I wait for another 35 days (until 16th August approx) before I book the appointment to get appointement date for 10th September or beyond ?

Yes, you can wait and this has now been repeated many times. You need to book an appointment within 45 working days of applying. This means you may wait until a suitable date is found

[nikonline123]

@zimba @CR001 @AmazonianX I was only concerned that my wife & daughter won't be overstaying after 14th July if we book the appointment around 16th August for any date after 10th September. But what I understood from what you all posted is that they won't be overstaying.

Definetely not contesting all you people's expertise with all the success stories but just wanted to clear my mind as there is so much at stake

Will go ahead and check the available appointments every day or 2 to see when I get the available appointement and hope the application doesn't become invalid atleast until August end else I will be in deep shit

Will get back after I am able to book the appointement and then when we receive the decision

[AmazonianX]

@zimba @CR001 @AmazonianX I was only concerned that my wife & daughter won't be overstaying after 14th July if we book the appointment around 16th August for any date after 10th September. But what I understood from what you all posted is that they won't be overstaying.

Definetely not contesting all you people's expertise with all the success stories but just wanted to clear my mind as there is so much at stake

Will go ahead and check the available appointments every day or 2 to see when I get the available appointement and hope the application doesn't become invalid atleast until August end else I will be in deep shit

Will get back after I am able to book the appointement and then when we receive the decision

They will not be overstayers as haven submitted an in time application, Section 3C of the immigration rules extends their current leave till the application is decided.

[Hamid1353]

Hi Nic,
Can you please keep us updated about your case, so we don't make any mistake because many folks have similar situations.
Thanks - Hamid

[nikonline123]

Sure Hamid.. we went for the appointment this Wednesday (11th Sept.) So I would think it will be 1-2 months before we get any updates.

Will surely post here once we hear the decision.

[nikonline123]

Hi @zimba @CR001 @AmazonianX (&everyone else who is watching this thread now or in future).. We finally got the email for our ILR application being successful (for my wife & daughter). It took some time but not as long as I was expecting. Find below the timeline:

Visa Type: PBS Dependant Leave to Remain
08-10-2019 - T2G dependent Visa Start date
14-07-2024 - T2G dependent Visa Expiry (same as main visa holder)

10-07-2024 - ILR Application Submitted
15-08-2024 - Appointement Scheduled for 11-09-2024
11-09-2024 - Appointement attended
05-10-2024 - Received the email for ILR application being successful

We are now waiting to receive the physical ILR in next few days. This forum (specifically the above mentioned people) has been super helpful in patiently answering all my queries and sharing enough knowledge which gave me confidence to go ahead and directly apply for ILR when all the immigration consultants I talked to mentioned that I will mandatorily have to go for visa extension. This not only helped me save lot of hassle for applying to extend visa and then apply for ILR but also the money (which was not small in any way).

BIG THANKS again guys for all your help.

[zimba]

Congratulations
All the advice given here was strictly based on the immigration rules. Unfortunately, we see that many mmigration advisors are unable to offer proper advice