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ILR Application

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

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csv20
Newly Registered
Posts: 21
Joined: Mon Apr 30, 2018 8:18 pm
United States of America

ILR Application

Post by csv20 » Sat Sep 25, 2021 10:31 pm

Hello Seniors,

I need advice please..

My husband IS currently on the 21/2 years dependent (on my ILR) visa. This will expire in December 2021.
He will be 10 years in the UK in July 2022.

I have applied for my Naturalisation but yet to get a decision from HO.

Please, My questions are:

1) Is there anyway/route we could avoid applying for the second dependent visa since he will qualify for ILR in July?

2) if I am granted my BC before December, can he apply under my British citizenship instead?

3) I applied for my daughter's registration which I am still waiting for a decision, can he apply under that if there is a positive outcome before his current visa expire.

I will be grateful if someone could point us in the right direction for the best possible route to apply under please?

Many thanks

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR Application

Post by secret.simon » Sun Sep 26, 2021 2:18 am

csv20 wrote:
Sat Sep 25, 2021 10:31 pm
1) Is there anyway/route we could avoid applying for the second dependent visa since he will qualify for ILR in July?
No. If his leave expires in December 2021, he will need to extend it in order to qualify in July 2022. And he can't do an extension for only six months. The extension will be the full 30 months extension with concomitant fees.
csv20 wrote:
Sat Sep 25, 2021 10:31 pm
2) if I am granted my BC before December, can he apply under my British citizenship instead?
Not entirely sure what is meant by this.

Even if you are granted British citizenship, your husband will still need to extend his leave, apply for ILR and then, only after being granted ILR, can he then apply for British citizenship. For adults, there is no British citizenship without ILR.

Also, there is no difference between the requirements for partners of British citizens and people in the UK on ILR. Within the UK, there are very few differences between the two statuses (British citizenship and ILR).
csv20 wrote:
Sat Sep 25, 2021 10:31 pm
3) I applied for my daughter's registration which I am still waiting for a decision, can he apply under that if there is a positive outcome before his current visa expire.
Again, not sure what is meant by this. As a general rule, he can't apply for leave to remain as a parent of a British citizen unless he has sole responsibility. Since the two of you are a couple, he needs to apply as your partner.
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.

csv20
Newly Registered
Posts: 21
Joined: Mon Apr 30, 2018 8:18 pm
United States of America

Re: ILR Application

Post by csv20 » Sun Sep 26, 2021 11:58 am

Thank you secret.simon for your reply. It has helped.

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