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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 778
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am currently on Tier-2 General visa and I have lived in

Customer Question

I am currently on Tier-2 General visa and I have lived in the UK for 5 years 10 months together with my family: my wife and 3 of our kids, aged 8, 5, and 2 years old, two younger of whom where born in this country. All of us had valid Tier-2 visas (main for myself and dependants for the rest) which were to expire in January 2018.
6 months ago I decided to switch my employment, for which we made fresh Tier-2 applications for myself and my wife only, but not for the kids. During our visa application consideration by the Home Office they asked me questions why I haven't applied for kids' new visas together with the adults; I explained then that it was financially difficult for me to do all-in-one and provided them with evidence that the kids are living with us, attending school, etc., i.e. they are well looked after; after that we both got the new Tier-2 visas in April 2017, however these are still to expire by January 2018, due to general 6-year limit on Tier-2 status.
Apparently I have to apply for ILR soon to be able to continue living and working in the UK. I have recently passed the two exams required for that; my wife is currently preparing for these exams.
My question is: what is the current status of my kids in the UK? I feel that their present BRPs from my previous Tier-2 visa (before switching the employment) may not be valid anymore (even though technically they would have expired in Jan 2018), on the other hand the children have been lawfully residing in the UK for more than 5 years (or since his birth for the youngest one).
What will be the right sequence of actions for me to proceed with the ILR application for my family?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 4 months ago.


With regard to your children this is an example of what the say means penny wise pound foolish. Your children status became invalid after the switch and would be regarded as illegal. You will more likely than not spend more money now regularising thier stay.

When you make your application for ILR your children are unlikely to qualify. This is going to be a mess to untangle.

Customer: replied 4 months ago.
Unfortunately this does not really answer my question in the last sentence above about the right sequence of actions to proceed.
Expert:  frantzgregory replied 4 months ago.

There is no right sequence of action. You need to apoly for ILR with your wife when she passes exams and both of you qualify. Children will need to apply for a dependent visa

Customer: replied 4 months ago.
I just learnt from website that any children born in the UK to non-EU, non-British parents don't need Tier-2 dependant visas as such (unless they intend to leave and re-enter the UK). This is applicable to 2 out of my 3 children. So your initial statement "Your children status became invalid after the switch and would be regarded as illegal" is at best only correct with reference to my eldest child, as it seems. Or do I get it wrong?
Expert:  frantzgregory replied 4 months ago.

If your children born here did not then apply to be a dependent then the rule you refer to is correct but unfortunately you have regularised thier stay and then didnt apply to include them subsequently which makes them illegal.

Customer: replied 4 months ago.
This does not make sense to me. It sounds like overriding statutory rights. Could you give some evidence of that, some quote from Immigration rules, etc.?
Expert:  frantzgregory replied 4 months ago.

What statutory right? There is no such right. Children born in limbo arent illegal but once they have applied for a visa and granted they cannot then claim to be in limbo because they were born previously in limbo. Once they have regularised their status and then allowed thier visa to expire, they become illegal. Being born in limbo means born in the UK while thier parents had valid visas.

Expert:  frantzgregory replied 4 months ago.

Please can you rate? I don't get paid for helping you if you forget to rate

Customer: replied 3 months ago.
Please allow some time before I rate. I am currently trying to obtain 'second opinions' on this matter. Will try to accomplish before Christmas time.
Expert:  frantzgregory replied 3 months ago.

OK please take your time.

Customer: replied 2 months ago.
I have now obtained ILR for myself, my wife and the eldest child. It is also stated in the HO decision letter that "children born to you in the UK are now entitled to be registered as British citizens". Therefore I do not need to apply for the other children's ILR as this is a redundant step for them. There is no additional condition mentioned anywhere as to whether they had obtained previous leave to remain or not, i.e. this does not matter. Application form to be used is MN1. Unfortunately your suggestions above proved to be misleading and wrong and I cannot rate them OK or higher.
Expert:  frantzgregory replied 2 months ago.

Good luck since you are now qualified to give immigration advice. You also said you were seeking second opinion. If you are honest about what you were told you should also disclose that advice here too. The letter means children born after ILR has been granted are entitled to register.

I am happy for you.