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Hi everyone,

I am currently on Tier 1 General Migrant Visa and going to apply for ILR with 2 dependents and have the below queries:
1. I have already completed 5 years in the UK. Arrived Uk in 2007, 2007 to 2008 on work permit and 2008 till date on Tier 1 General Migrant. My current leave expires in June 2013, but I am already elgible based on my 1 year as work permit plus 4 years on Tier 1. So can I apply for settlement now or do I still have to wait for the 28 days period before my current leave expires?
1. Is there a condition that the dependent has also got to complete 5 years in UK? My wife has been here just over 4years, is that ok for her to apply along with me for settlement?
2. My second dependent/ my child ( 1.5 yrs old) was born in the UK , so is there a need for his application along with my settlement? Will he not be elgible for citizenship as soon as I get the ILR?

Thanks and appreciate your help.
Jai

qmenon wrote:Hi everyone,

I am currently on Tier 1 General Migrant Visa and going to apply for ILR with 2 dependents and have the below queries:
1. I have already completed 5 years in the UK. Arrived Uk in 2007, 2007 to 2008 on work permit and 2008 till date on Tier 1 General Migrant. My current leave expires in June 2013, but I am already elgible based on my 1 year as work permit plus 4 years on Tier 1. So can I apply for settlement now or do I still have to wait for the 28 days period before my current leave expires?
1. Is there a condition that the dependent has also got to complete 5 years in UK? My wife has been here just over 4years, is that ok for her to apply along with me for settlement?
2. My second dependent/ my child ( 1.5 yrs old) was born in the UK , so is there a need for his application along with my settlement? Will he not be elgible for citizenship as soon as I get the ILR?

Thanks and appreciate your help.
Jai

1- You can apply for ILR as soon as you are eligible.
2- Your wife needs to spend 2 years (I believe, not sure), so she should be fine
3- You don't have to apply for ILR for your child. Once you get your ILR you can apply for his/her passport.

Thanks

[quote="1- You can apply for ILR as soon as you are eligible.
s[/quote]

I'm not familiar with his visas particularly. But I was under the believe to apply for ILR you had to be on a single visa type for 5 years (With exception of HSMP which is 4 yrs) So his time on the work visa wouldn't count. And is 1 year short for ILR.

I have been here nearly 7 years but my first 2 years don't count as was a different visa type. Am now finishing off a 5 year ancestry I started after.

supermankelly wrote:I'm not familiar with his visas particularly. But I was under the believe to apply for ILR you had to be on a single visa type for 5 years (With exception of HSMP which is 4 yrs) So his time on the work visa wouldn't count. And is 1 year short for ILR.

It depends on the visa type. Some can be aggregated together. I think Work Permit and HSMP / Tier 1 can be grouped - but others in the same situation will be able to confirm.

Others don't count towards settlement e.g. Working Holidaymaker (when this was in place) could not be included in the years towards ILR.

245CD
FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

supermankelly wrote:But I was under the believe to apply for ILR you had to be on a single visa type for 5 years (With exception of HSMP which is 4 yrs) So his time on the work visa wouldn't count. And is 1 year short for ILR.

This is incorrect. Please take a look through the SET(O) form guidance and information on the UKBA website on the economic visa categories that would count towards ILR.

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Thanks for your answers. Just one last question,in regards to the Maximum absences from the UK (economic migrants) clause(No more than 180 whole days absence are allowed in any of the five years), do I have to show any evidence if I was absent from Uk for less than 180 days?
Please note that my qualifying period is 2 years in Work permit & 3 years in Tier 1. During one of the years of my qualification(work permit period) I was absent from UK for 2 months(less than 180days)- do I have to give the reason for this ? Or is my understanding correct that absence reasons are only for more than 180 days in a year?