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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colorsuk
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by colorsuk » Sun May 24, 2020 10:20 pm
Hi Team, ,
I am going to be eligible for ILR uk in this September and if everything goes well ..will get my ILR by mid of Sep-20(being optimistic covid-19 effect would be minimal by sept-20).
My daughter (2 year India Born) is in India with my wife (not eligible for ILR now) and both have UK dependent visa until October 2020.
I dont want to travel to INDIA and dont want them to travel UK in this pandemic situation and want to know
if I can apply for ILR for my daughter from INDIA or not ,if yes how to and please post the link about the procedure etc .
Thanks,
Amit
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secret.simon
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by secret.simon » Sun May 24, 2020 10:42 pm
Children born abroad follow the immigration path of the less-privileged parent and your daughter will be eligible for ILR when the mother is.
The child will also need to apply for and get ILR before getting registered as a British citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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CR001
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by CR001 » Mon May 25, 2020 9:47 am
ILR also cannot be applied for from outside the UK.
Char (CR001 not Casa)
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colorsuk
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by colorsuk » Mon May 25, 2020 11:37 am
secret.simon wrote: ↑Sun May 24, 2020 10:42 pm
Children born abroad follow the immigration path of the
less-privileged parent and your daughter will be eligible for ILR when the mother is.
The child will also need to apply for and get ILR before getting registered as a British citizen.
Sorry to repeat cant i apply for my daughter ILR along with my application ?
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CR001
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by CR001 » Mon May 25, 2020 11:39 am
colorsuk wrote: ↑Mon May 25, 2020 11:37 am
secret.simon wrote: ↑Sun May 24, 2020 10:42 pm
Children born abroad follow the immigration path of the
less-privileged parent and your daughter will be eligible for ILR when the mother is.
The child will also need to apply for and get ILR before getting registered as a British citizen.
Sorry to repeat cant i apply for my daughter ILR along with my application ?
No!! The child will only qualify for ilr when your spouse does.
You also cannot apply for ilr from abroad and if the person applying is NOT in the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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colorsuk
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by colorsuk » Mon May 25, 2020 11:52 am
thanks but in that case what visa should i apply for my daughter ? i know for spouse it is settlement but for 2 years old daughter what visa ?
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secret.simon
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by secret.simon » Mon May 25, 2020 11:53 am
colorsuk wrote: ↑Mon May 25, 2020 11:52 am
thanks but in that case what visa should i apply for my daughter ? i know for spouse it is settlement but for 2 years old daughter what visa ?
Same visa as spouse.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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CR001
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by CR001 » Mon May 25, 2020 11:53 am
She applies for the same visa category as your spouse and will get the same visa validity.
and both have UK dependent visa until October 2020.
What category visa do they hold?
What route to ilr are you apply under?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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colorsuk
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by colorsuk » Mon May 25, 2020 12:01 pm
What category visa do they hold? -- tier 2 general dependent
What route to ilr are you apply under?-- tier 2 general work visa 5 years route .
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colorsuk
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by colorsuk » Mon May 25, 2020 12:12 pm
CR001 wrote: ↑Mon May 25, 2020 11:53 am
She applies for the same visa category as your spouse and will get the same visa validity.
and both have UK dependent visa until October 2020.
What category visa do they hold?
What route to ilr are you apply under?
Tier 2 general work visa for me and dependent for them .
Also please can you post the link to apply spouse and child visa for settlement ?
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colorsuk
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by colorsuk » Mon May 25, 2020 12:24 pm
Also
1: My wife has been in Uk for the last 4 years (in and out mostly to INDIA) ,so 5 years continuous period apply for spouse as well ? if not can i just apply form one 2.5 years settlement visa and after that ILR as she already spent 4 years in the country ?
2: Same thing goes for my daughter she spent almost 2 years in UK ? how does it go from here .
Pardon my questions if they are same but i am kind of confused and trying to clear my thoughts and thanks in advance.
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CR001
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by CR001 » Mon May 25, 2020 12:27 pm
If they switch to spouse settlement visa, their clock for ilr resets to zero and they need 5 years on spouse settlement visa before they can apply for ilr.
You cannot combine PBS dependent time with spouse visa time to make up 5 years for ilr.
What date was yout wife's last/most recent PBS dependent visa granted?
How long has she been absent from the UK on this recent absence?
Char (CR001 not Casa)
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colorsuk
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by colorsuk » Mon May 25, 2020 12:44 pm
22 oct 2020 for my wife and daughter , and they left uk in last december 2019 and could not return due to covid 19.
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CR001
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by CR001 » Mon May 25, 2020 12:46 pm
I asked when the last visa was ISSUED not the expiry date.
Char (CR001 not Casa)
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colorsuk
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by colorsuk » Mon May 25, 2020 12:49 pm
last visa issued in september 2019
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CR001
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by CR001 » Mon May 25, 2020 12:52 pm
She won't qualify for ilr as a tier 2 dependent as her absence will exceed 180 days, which breaks continuity of residence.
Char (CR001 not Casa)
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colorsuk
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by colorsuk » Mon May 25, 2020 12:57 pm
this covid-19 did nnot allow her to back in UK ,can i put this a query ?
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CR001
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by CR001 » Mon May 25, 2020 1:44 pm
There has been no change to the absence limit in the immigration rules.
She also left the UK substantially before any lockdowns were imposed.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.