ILR for my daughter

Hi,

I am eligible for ILR in one month time, my wife and 3 years old daughter are with me as TIER1 dependents. They are not eligible for ILR as my wife is only here for 3 years. Their Visa is going to expire in JULY.

I am going to apply ILR for myself and I am applying TIER1 Dependent visa only for my wife as I am planning to send my daughter back to INDIA because of less maintenance of funds.

After couple of months I want to bring my daughter back by applying a new entry clearance visa as my daughters visa will expire by next month.

My Question here is if I apply for my daughters entry clearance visa from INDIA which visa I need to apply ?? is it ILR dependent or TIER1 Dependent.

IF I apply from UK for both of them my Daughter follow her mother( I mean what ever my wife's visa she has to apply for the same). I heard the rules from INDIA will be different when thy apply for entry clearance.

Thanks
Nayak

When did they initially apply as your dependants?

Thanks for your reply,
They Both got visa on 19/09/2012.

Hi Vinny

They both apply as dependents for the first time in September 2012

Thanks
Nayak

Nayak,

Vinny's question is When did you apply for their visa. You are answering when they got the visa perhaps.

Ok. Unfortunately that was after 9th July 2012.

To preserve your wife's 5-year qualifying period for ILR as a PBS dependant, she should only extend as a PBS dependant from within the UK. If necessary, your child may continue to apply for a PBS dependant entry clearance, in-line with your wife's leave.

Hi Vinny,

Thanks for your reply

If necessary, your child may continue to apply for a PBS dependant entry clearance, in-line with your wife's leave.

Why can't I apply ILE (Indefinite Leave to Entry, VAF4A Form ) entry clearance for my daughter when she is applying from INDIA??

Thanks
Nayak

She won't qualify for ILE unless both parents are settled.

Hi Vinny

Can you please point me to the guidance where does this explain. One of my friend she applied for PBS Dependent from INDIA for her daughter , they refused to take application in VFS , Ask her to apply as ILE ( to join family). This is happened in August 2013. But this is her First entry clearance for her daughter(I mean her daughter never had any visa)

My Friend's Husband got his ILR in Feb 2013, she was on TIER 1 Dependent visa( Valid until 2014 ) so she does not need go for extension, First she applied for her daughter as PBS dependent and they refused to take the application and suggested to apply as ILE to get Entry clearance

so please advise me

Nayak

It doesn't make sense to me. I can't see any provisions for them to do that.

Hi Vinny,

Initially I thought same, When I explained my issue to her she clearly told me about her experience. do you have any guidance to support your view ??

Thanks

You don't know the circumstances behind their ILE applications, was the parent solely responsible for the child? Were both parents settled in the UK? Were there extenuating circumstances why ILE should be granted? Each case has its own merits, without full facts we can't comment. Vinny's initial advice, on the facts you've provided are correct. ILE won't be granted if both parents are not settled.

nayakudu wrote:Hi Vinny,

Initially I thought same, When I explained my issue to her she clearly told me about her experience. do you have any guidance to support your view ??

Thanks

296-309. Was your or their daughter born in the UK?