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ILR for PBS Dependant (Child) switching main applicant

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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karthik73
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Joined: Wed Sep 23, 2015 7:21 am

ILR for PBS Dependant (Child) switching main applicant

Post by karthik73 » Sun Apr 24, 2016 7:31 am

Hi,

My kids have been staying the UK for the last six years. Please look at time line below.

- June 2010 - June 2013 (PBS Dependant in my name)
- July 2013 - now (PBS Dependant of my wife)

I have now been granted the ILR application. Can my kids apply for ILR now that I hace been granted? Or do they have to wait for 5 years from July 2013?


Thanks

karthik73
Newly Registered
Posts: 7
Joined: Wed Sep 23, 2015 7:21 am

Re: ILR for PBS Dependant (Child) switching main applicant

Post by karthik73 » Sun Apr 24, 2016 8:02 am

Specifically looking at section 319J - I have a doubt regarding the following point

(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR for PBS Dependant (Child) switching main applicant

Post by geriatrix » Sun Apr 24, 2016 6:27 pm

Your statements don't add up!
karthik73 wrote:My kids and wife are still on Tier 1 Dependant.
karthik73 wrote:My kids have been staying the UK for the last six years.
- July 2013 - now (PBS Dependant of my wife)
Which of the two is a lie?
Life isn't fair, but you can be!

karthik73
Newly Registered
Posts: 7
Joined: Wed Sep 23, 2015 7:21 am

Re: ILR for PBS Dependant (Child) switching main applicant

Post by karthik73 » Sun Apr 24, 2016 8:55 pm

The second is a lie. This is the scenario we might be on few months from now and I want to understand if the kids ILR time gets reset if they become my wife's dependant.

Thanks

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR for PBS Dependant (Child) switching main applicant

Post by geriatrix » Mon Apr 25, 2016 7:42 am

There can be no situation in "future" that can change your child's immigration "history".
Don't post queries making c-ock and bull stories!
Life isn't fair, but you can be!

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