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Hello,

First of all I would like to thank everyone for providing excellent advice and for sharing their experience which has really helped people like me prepare my ILR application. I’ve gone through most of the topics related to ILR and could find a wealth of information in this forum. Initially I was planning to apply for my ILR through a solicitor but after going through the forum I’ve decided to apply on my own however would need a few clarifications from you all.

I'm Tushar, currently on a Tier 2 ICT visa issued in March 2010. I'm planning to apply for my Indefinite leave to remain(ILR) in February 2015 and have a few clarifications regarding Date of appointment, the English language assessment and for dependent ILR processing.

Date of Appointment:
My entry clearance date is 16March2010 but I entered the UK in 27March 2010, I’m planning to book an appointment on 17Feb2015. Can you please confirm whether 17Feb2015 is fine considering the 90 day rule or should I book only after 27Feb2015 considering the date of entry to the UK.

English language assessment:
I have an original Bachelor's degree from India and have used the same for my initial Tier 2 ICT application in March 2010 and for my Tier 2 ICT extension in March 2013. I have verified in the PBS calculator and could obtain points for English language and also have the UK NARIC English Assessment letter mentioning that the English language for my degree meets the requirements for CEFR level C1.

I would like to know whether along with the above certificates do I still need a letter from the University mentioning that my degree was taught in English as I have a PBS calculator confirming my English language as well as a UK NARIC English Assessment letter.

Dependent ILR processing.
My wife has been living with me from April 2012 till March 2014 however on her own Tier 2 ICT visa. She had come before to the UK as well in Jan 2010 and had lived for a year until Feb 2011. She had lived with me for 2 years before going back to India in March 2014 for the delivery of our baby. She stayed in India for 6 months and returned to UK with our son in October 2014 and this time on a dependent visa.

My son who is 6 months old also travelled to the UK for the first time on a dependent visa in Oct 2014.

Can you please let me know whether my wife and son are applicable for ILR along with me in Feb 2014?

Continuous Residence:
I was out of the UK for 169 days on total for the entire 5 year period which is broken down into (57 - year1, 24 - year2, 33 - year3, 54 - year4, 1 - year5). As per the eligibility criteria I’m fine however just needed a secondary opinion to confirm.

Could you please help me in providing advice for the above queries?
Thank you for your help in advance. Apologies if this post is quite long.

Tushar

Date of Appointment:
You can go for your ILR on or after 16 February 2015.

English language assessment: What you have should be fine.

Is your wife having her own tier 2 ict visa or dependent of you ?
Please provide all details about ur wife visa status. I mean when she initially came uk and on which visa and is there any visa gaps ? or out country status ?.

I am asking because, she never stayed as ur dependent. So her application will be considered as separately not as ur dependent.

Hello haiksuresh

Thank you for your response. Please find my wife’s visa details

Tier 2 ICT details:
Entry clearance date & valid to date: 29-Dec-09 to 10-Jan-13
Date of entry to UK in Tier 2 ICT: 12-Jan-10

Tier 2 ICT extension: 28-Nov-12 to 30-Oct-14

Stay in UK under ICT
12-Jan-10 28-Feb-11
12-May-11 11-Jun-11
13-Apr-12 13-Mar-14

She went back to India in her 7 month of pregnancy on 13Mar14 and she came back on a dependent visa. When we applied for a dependent visa in Aug14 her initial Tier 2 ICT was still valid (30Oct14).

Dependent visa details:
Entry clearance date & valid to date: 17-Sep-14 to 20-Mar-15
Date of entry to UK as dependent: 29-Oct-14

Stay in UK as dependent: 29-Oct-14 to till date

Can you please let me know if my wife is eligible for an ILR dependent visa based on the above visa and her stay details in UK? Just to let you know we got married on 6-Feb-2012 and she has lived legally as my wife in the UK for 2 years however on her Tier 2 ICT visa. As a dependent on my visa she has lived only for around 2 months. We have a marriage certificate which has been attested by the government of Tamil Nadu..

If she is not eligible for an ILR dependent visa what is the visa that she would be granted? Also I’ve have to apply for my 6 month old son who came to the UK in Oct2014 along with my wife as dependent?

Also can you please let me know if my continuous residence period is fine.
I was out of the UK for 169 days on total for the entire 5 year period which is broken down into (57 - year1, 24 - year2, 33 - year3, 54 - year4, 1 - year5). As per the eligibility criteria I’m fine however just needed a secondary opinion to confirm.

Thank you for your help in advance.
Tushar

Hello Everyone,

I've checked with the home office today and found that my wife is not eligible for ILR along with me. They informed that I have to apply for my ILR first and once I get it approved then apply a FLR(M) visa for her. They said that her initial 3 years stay in the UK under her own Tier 2 ICT will not be counted for continuous residence and it will start afresh from the date her FLR(M) is successful.

However they also informed that I cannot apply ILR for my 6 month old son as well because he hasn't completed 5 years in the UK. I've checked the eligibility criteria for a child and there is only 2 major conditions and I satisfy both of them.

Your child can apply if they:
were previously given permission to stay in the UK as your child. - Yes he has a dependent ICT visa, Entry clearance from 17Sep14 and entered UK on 29Oct14
You and your child’s other parent must both be in the UK legally, or currently applying to enter, remain or settle, for the child to be allowed to settle. - Yes

Can someone please let me know if my 6 month old son is eligible for ILR along with me or should I apply a FLR(M) along with my wife? Thanks in advance.

Tushar

Hello Everyone,

Can someone please let me know if my son would be eligible for ILR along with me when I apply on 16 February 2014. I'm on a Tier 2 ICT route in the UK from 27March2010. My wife was on her own Tier2 ICT and hence not eligible for ILR along with me. My 6 month old son came to the UK on 29October2014 as my dependent.

I would like to know whether I can apply ILR for my son along with me? Once I get my ILR I'm planning to apply FLR(M) for my wife as I'm not sure on how to extend her further as PBS dependent and moreover heard that its pretty expensive than FLR(M)?

Can someone please advise and help me? Thanks in advance.

Tushar

Hello All,

Can someone please let me know whether I can include my baby in my ILR application? I'm not sure what to do. please advice.

Regards,
Tushar