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Spouse & Son ILR application - which option should I choose

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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RajaMS
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Posts: 3
Joined: Sat Nov 28, 2020 12:32 pm
United Kingdom

Spouse & Son ILR application - which option should I choose

Post by RajaMS » Tue Feb 01, 2022 9:48 pm

Hello All,
I've gained British citizenship [Route:Tier-2 general(5 yrs)--> ILR-->Naturalisation]. My wife and son still are on a PBS dependent visa and it is valid until Dec 2022, They have been in the UK since Oct 2015. Last Visa stamped on Dec 2019 for 3 years. They were eligible to apply for ILR in 2020 [5 years route from Oct 2015 to Oct 2020] but I did not apply for some reason. They have now completed 6 years. I must apply for their ILR in 2022. We are planning to visit India during the school holiday in August 2022.
I have below question:
What is the best time to apply? I’m thinking of two options
Option 1: If I apply in March 2022, is there a possibility to get the ILR & BRP before August 2022 (If my application is successful)? I believe they should not travel while their ILR application is in process.
Option 2: If I apply in September[after the holiday], they will have only 3 months (~100 days) before their current visa expires. Do we face any problem, if we receive the ILR&BRP after Jan2023?

Note: I prefer not to use ‘Priority service'.

Could you provide your valuable suggestion please?

Many thanks in advance.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse & Son ILR application - which option should I choose

Post by vinny » Wed Feb 02, 2022 12:03 am

Your choice. A problem with Option 1 is that they may not get the decision in time before August’s holiday. A problem with Option 2 is that there may be some unexpected reason to prevent their return before their leave expires.

If they make their SET(O) application in-time, then Section 3C will treat their leave as continuing after expiry date.
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RajaMS
Newly Registered
Posts: 3
Joined: Sat Nov 28, 2020 12:32 pm
United Kingdom

Re: Spouse & Son ILR application - which option should I choose

Post by RajaMS » Wed Feb 02, 2022 3:51 pm

vinny wrote:
Wed Feb 02, 2022 12:03 am
Your choice. A problem with Option 1 is that they may not get the decision in time before August’s holiday. A problem with Option 2 is that there may be some unexpected reason to prevent their return before their leave expires.

If they make their SET(O) application in-time, then Section 3C will treat their leave as continuing after expiry date.
Thanks for your comment.
On the Option2 you mean, when they land in the UK there may be chance of UKBA prevent their entry because they have only visa valid for 100days ? is that what you saying please. If yes, do you know any reason which you aware of please.

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