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ILR for childern

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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ash321
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Posts: 44
Joined: Tue Feb 02, 2010 2:02 pm

ILR for childern

Post by ash321 » Tue Jul 03, 2012 10:10 am

Hi,

I am just posting behalf of my friends he is due for ILR in JAN 2013 after 5 years of tier 1. and living with his wife in UK ,but their child is at back home since 1 year. All family got visa until June 2013. If both apply for ILR in Jan 2013. After that can they bring back their child UK after ILR approval? or they have to bring their child here and then should apply for ILR. As child got tier 1 dependent visa until June 2013. can child come here on that visa after parents approval for ILR?

Could you please clear them as their are struggling to find answer?
Thanks and Regards

geriatrix
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Posts: 24754
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Tue Jul 03, 2012 10:48 am

1. ILR can only be applied for from within UK.
2. 321A(1) may be relevant if child travels on PBS leave after parent(s) have been granted settlement.
3. Following changes to 319E from 09-Jul-12, it is yet unknown if PBS dependants travelling outside CTA may or may not be subject to 321A(1) when principal PBS migrant has been granted settlement but dependants continue to remain on PBS leave.
Life isn't fair, but you can be!

ash321
Newbie
Posts: 44
Joined: Tue Feb 02, 2010 2:02 pm

Post by ash321 » Tue Jul 03, 2012 11:12 am

Thanks for reply,

You are absolutely right.

I read E-ECC.1.2. to 2.4.and it states that "One of the applicant’s parents must be in the UK with limited leave to enter or remain, be applying, or have applied, entry clearance as, a partner or a parent under this Appendix"

But not showing those who have ILR. In this case should he wait for clarification from new rules or consider 321A(1) just for now.

Thanks and Regards

Khanji
Newly Registered
Posts: 1
Joined: Thu Jun 28, 2012 3:41 pm

Post by Khanji » Tue Jul 03, 2012 2:30 pm

Hi one more thing ash: u need to bring the child here BUT THERE IS NO NEED to apply for ILR IF YOUR CHILD IS BORN IN THE UK as you can apply DIRECTLY FOR BRITISH CITIZENSHIP .
this is what I did in November last year when I applied for myself and spouse and did not do it for 2 children who were born here (we had hsmp visas until nov 2012). I have recently applied for their citizenship straight away from Sheffield, thereby saving myself abt £1400 in ilr costs.
I did this because 3 of my friends did it without any problems.

ash321
Newbie
Posts: 44
Joined: Tue Feb 02, 2010 2:02 pm

Post by ash321 » Wed Jan 02, 2013 1:07 pm

I am once asking the same queries on behalf of my friends for clarification.
Can anybody aware about the changes of rules for ILR application for child recently? As our ILR is due in Feb 2013 and My child is at backhome. If I apply ILR for me and my partner in feb 2013. after getting it can I bring my child here on her Tier-1 dependent visa? And then Can I apply for her citizenshp? will be any problem? As I posted this for couple of months ago and I am not sure about the new rules enforcement there aftre. Could you please give me clear answer as time is running out for me. otherwise I have to go backhome and bring my child here for her settlement.

Thanks and Regards

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