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Tier 1 to ILR separately from dependents - query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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anandpathak
Member
Posts: 125
Joined: Sat Dec 12, 2009 5:46 pm
Location: London , UK
Contact:

Tier 1 to ILR separately from dependents - query

Post by anandpathak » Mon Sep 22, 2014 9:34 pm

Hello Experts,
Thanks for making this forum so informative and helping all in their conquest of UK residency :)
I have a few queries and I hope forum inputs would be as useful as before .
First of all my Situation ,
I applied my Tier 1 general Visa April 2010 and entered UK in Oct 2010.
My Dependent ( Wife + 1 Kid ) applied in Feb 2011 and joined me in UK in May 2011. They were out of UK for 185 days from Sep 2011 to March 2012 but after that they have been residing in UK.
I go another kid Born in UK and she has dependent Visa .
All of us have our Residence permit valid till April 2016 but all dependents would be eligible for ILR along with me in Oct 2015.

Now the questions.
1. Even when all my dependents get eligible for ILR together , I would like to go my ILR application in PEO in Oct 2015 but dependent as postal once I receive my ILR , say in Nov 2014 . This should be safe as all my dependents have BRP till April 2016.
a. Is this allowed as i read that SET M form MUST have all dependents who are getting eligible along with main applicant.
b.If yes, whats would be my dependents status between My ILR and their ILR. Which form would be used for my dependents later?
I am doing this as my travel plans are urgent so cant be away from my passport for long but my family waiting for 4-5 months without passport should be OK as it would save PEO additional fee for 2 dependents.

2 . I understand for the kid born in UK , I don't need ILR and can apply for registration/passport for her when I get my ILR in Oct 2015.
a. Want to confirm that this is OK as at the time of passport application of my kid ( Nov 2015), My ILR would be confirmed but My Wife ILR application would be in process.

3. For the kid born in India , Can I get my ILR in Oct 2015 and apply for his BC passport directly (without getting his ILR)as he will still have 6 months of residency valid ( Till April 2016) after my ILR.

Please share your experience on this.


Cheers
Anand

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: Tier 1 to ILR separately from dependents - query

Post by UKBALoveStory » Tue Sep 23, 2014 8:49 am

anandpathak wrote:Hello Experts,
Thanks for making this forum so informative and helping all in their conquest of UK residency :)
I have a few queries and I hope forum inputs would be as useful as before .
First of all my Situation ,
I applied my Tier 1 general Visa April 2010 and entered UK in Oct 2010.
My Dependent ( Wife + 1 Kid ) applied in Feb 2011 and joined me in UK in May 2011. They were out of UK for 185 days from Sep 2011 to March 2012 but after that they have been residing in UK.
I go another kid Born in UK and she has dependent Visa .
All of us have our Residence permit valid till April 2016 but all dependents would be eligible for ILR along with me in Oct 2015.

Now the questions.
1. Even when all my dependents get eligible for ILR together , I would like to go my ILR application in PEO in Oct 2015 but dependent as postal once I receive my ILR , say in Nov 2014 . This should be safe as all my dependents have BRP till April 2016.

You mean Oct 2014 and Nov 2014? or Oct 2015 and Nov 2015?

a. Is this allowed as i read that SET M form MUST have all dependents who are getting eligible along with main applicant.
SET(M)? Why you need SET(M)? you need SET(O) for you and your dependents

b.If yes, whats would be my dependents status between My ILR and their ILR. Which form would be used for my dependents later?
I am doing this as my travel plans are urgent so cant be away from my passport for long but my family waiting for 4-5 months without passport should be OK as it would save PEO additional fee for 2 dependents.

They will be on a Tier 1 dependent visa



2 . I understand for the kid born in UK , I don't need ILR and can apply for registration/passport for her when I get my ILR in Oct 2015.
a. Want to confirm that this is OK as at the time of passport application of my kid ( Nov 2015), My ILR would be confirmed but My Wife ILR application would be in process.

Yes
3. For the kid born in India , Can I get my ILR in Oct 2015 and apply for his BC passport directly (without getting his ILR)as he will still have 6 months of residency valid ( Till April 2016) after my ILR.

No, he needs an ILR
Please share your experience on this.


Cheers
Anand
I am not an immigration adviser...All IMHO.

anandpathak
Member
Posts: 125
Joined: Sat Dec 12, 2009 5:46 pm
Location: London , UK
Contact:

Re: Tier 1 to ILR separately from dependents - query

Post by anandpathak » Tue Sep 23, 2014 10:22 pm

Thanks UKBA lover for your response.
Indeed it was a typing mistake. I meant that I will apply for ILR through PEO in Oct 2015 and my dependents will apply for ILR by Postal in Nov 2015 once I would have my ILR and passport in hand.

My question is ..is this acceptable by UKBA that the Main applicant (Oct 2015)and the dependent(Nov2015) applying separately even when all of them got eligible together (oct 2015)

In this situation which form should be used ? and hopefully main applicant ILR/Passport Copy (not original) need to be submissted.

Looking forward to your/forums response.
Cheers
Anand

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: Tier 1 to ILR separately from dependents - query

Post by UKBALoveStory » Wed Sep 24, 2014 8:16 am

anandpathak wrote:...
My question is ..is this acceptable by UKBA that the Main applicant (Oct 2015)and the dependent(Nov2015) applying separately even when all of them got eligible together (oct 2015)

Yes, and indeed i will be doing the same thing.
In this situation which form should be used ? and hopefully main applicant ILR/Passport Copy (not original) need to be submissted.
Not sure, May be some one else can answer this
I am not an immigration adviser...All IMHO.

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