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Can I apply to ILR before my dependents without changing their PBS VISA

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Dear Home Office,

I have a query regarding when I can apply to ILR

I got my first Tier 2 general VISA for me and my family on 13/12/2012.
I entered UK on 01/04/2013.
My family entered UK 17/08/2013.
The family and I have a valid visa till 12/12/2018

My dependents ( still fully dependents) ages at time of application are 19, 16, 14 and 8.

Can I apply for myself on 01/04/2018 and then apply for the family on 17/08/2018. If yes, do I have to change their current valid VISA (valid till 12/12/2018)?

Also can I apply to myself and my dependents ( 4 boys including the ones of 16 and 18 years old) and then I apply to my wife on /178/2018 , again do I need to change my wife's PBS visa even it is still valid.

Yours faithfully,

Serag

UK Visas and Immigration,

Dear Serag,

Thank you for your enquiry dated 28th November about applying for ILR.

We are unable to advise on settlement applications.

Please use the link below to find out if you can apply for settlement (also called
‘indefinite leave to remain’) in the UK:

[1]https://www.gov.uk/settle-in-the-uk

If you have ILR on the basis of a PBS visa, your partner can extend their leave or gain
settlement as a PBS Dependant.

Please see the link below, for the Modernised Guidance for Family Members of Points Based
System Migrant:

[2]https://www.gov.uk/government/publicatio...

Page 34 refers to PBS Dependants applying for extension of leave and ILR.

If you need any further help or assistance you would need to contact an independent
immigration adviser.

Please note the onus is upon individual customers to ensure that they satisfy the
requirements set out in the guidance material. The guidance material accompanies each and
every application form. UK Visas and Immigration is not able to give, indicate or advise
upon the outcome of any such application prior to it being given full and careful
consideration.

Directing you to the guidance material is the only advice we can give you. If you need any
further help you should seek independent immigration advice. Immigration advisers can help
you with immigration matters, including completion of forms and representing you at a
tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration
advisers, which mean they must meet certain standards.

Please see the below link to find an immigration adviser:

[3]https://www.gov.uk/find-an-immigration-a...

Yours Faithfully,

Alex Fonzarelli
UK Visa and Immigration

 

 

UKVI Contact Centre

Website: [4]www.gov.uk/home-office

 

[5]Image
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References

Visible links
1. https://www.gov.uk/settle-in-the-uk
2. https://www.gov.uk/government/publicatio...
3. https://www.gov.uk/find-an-immigration-a...
4. http://www.gov.uk/home-office

Dear UK Visas and Immigration,
Thanks for your response, after reading all the information in the above links, please allow me to simplify my question.

I will be eligible to ILR on 01/04/2018. My family will be eligible to ILR on 17/08/2018. The family tier 2 general PBS dependents and partner Visa is valid till 11/12/2018.

If I applied to the ILR on 01/04/2018 and got the ILR , do I have to change their tier 2 general PBS visa? taking into consideration that their current tier 2 general visa is still valid after their eligibility date.

Yours sincerely,

Serag Mohamed

UK Visas and Immigration,

Dear Serag Mohamed,
 
Thank you for your email dated 13th December regarding your family's Tier 2 dependent visas.
 
If you are granted ILR on the basis of completing 5 years on a PBS visa, your partner can
extend their leave or gain settlement as a PBS Dependant once they complete their qualifying
period.
 
However, if you are granted ILR on the basis of long residence, your partner cannot extend
their leave or gain settlement as a PBS Dependant and must switch into the partner of a
settled person category and apply for limited leave. 
 
Please see the link below, for the Modernised Guidance for Family Members of Points Based
System Migrant:
 
[1]https://www.gov.uk/government/publicatio...
 
Page 34 refers to PBS Dependants applying for extension of leave and ILR.
 
Please note the onus is upon individual customers to ensure that they satisfy the
requirements set out in the guidance material. The guidance material accompanies each and
every application form. UK Visas and Immigration is not able to give, indicate or advise
upon the outcome of any such application prior to it being given full and careful
consideration.

Directing you to the guidance material is the only advice we can give you. If you need any
further help you should seek independent immigration advice. Immigration advisers can help
you with immigration matters, including completion of forms and representing you at a
tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration
advisers, which mean they must meet certain standards.
Please see the below link to find an immigration adviser:

[2]https://www.gov.uk/find-an-immigration-a...

Yours Faithfully,

Fiona Brunton
UK Visa and Immigration
 
 
 

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

[4]Image
[---001:001522:26878---]

References

Visible links
1. Click to follow link: https://www.gov.uk/government/publicatio...
https://www.gov.uk/government/publicatio...
2. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office

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