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apply IRL for child and both parents ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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passiongaia
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apply IRL for child and both parents ILR

Post by passiongaia » Thu Feb 20, 2020 8:11 am

Hi,

Thanks for reading this thread. My situation:
ApplicantCurrent immigration status
My husbandGot ILR on 8th June 2019 through Tier2 five years path
MyselfGot ILR on 1st Feb 2020 through Tier2 dependent five years path
My daughterBorn in UK on 1st Oct 2016, Tier2 dependent
My question is

i) Since she born in UK, can I apply ILR for my daughter NOW or she has to wait for 5 years?

ii) If I can apply, should I go for the same online form I applied? I think it it called set(O) (some people say there are other options available like set(m), set(f))

iii) I've filled in the set(O) form for her which requires only a few documents, like her passport, brp, parent's consent for home office to verification part 1. What other documents should I submit as well? Like parents' brp card, passport, employment letter and so on?

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CR001
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Re: apply IRL for child and both parents ILR

Post by CR001 » Thu Feb 20, 2020 10:02 am

Do you not plan on getting British citizenship for your UK born child??
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passiongaia
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Re: apply IRL for child and both parents ILR

Post by passiongaia » Thu Feb 20, 2020 12:44 pm

CR001 wrote:
Thu Feb 20, 2020 10:02 am
Do you not plan on getting British citizenship for your UK born child??
Thanks for your replying. So far I don't have plan to apply British passport for her.

vinny
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Re: apply IRL for child and both parents ILR

Post by vinny » Thu Feb 20, 2020 2:35 pm

She is entitled to register as a British citizen now. It may be easier and better than ILR? Else, she may also apply for ILR now.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

passiongaia
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Re: apply IRL for child and both parents ILR

Post by passiongaia » Thu Feb 20, 2020 9:04 pm

vinny wrote:
Thu Feb 20, 2020 2:35 pm
She is entitled to register as a British citizen now. It may be easier and better than ILR? Else, she may also apply for ILR now.
Thanks for your advice. My country doesn't allow dual nationality, that's why I choose ILR for her.

passiongaia
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Re: apply IRL for child and both parents ILR

Post by passiongaia » Thu Feb 20, 2020 9:06 pm

My only concern is if my daughter is eligible to apply ILR via SET (O)? She is only 3 years old, I know the normal duration should be 5 years. Anyone can confirm?

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Re: apply IRL for child and both parents ILR

Post by vinny » Fri Feb 21, 2020 1:11 am

Children do not require any qualifying period for ILR. She may qualify for ILR under 319J or under A277, A280(b), 304-309 or 298.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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