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ILR for Dependents

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.

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sasim1
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ILR for Dependents

Post by sasim1 » Mon Sep 09, 2019 9:12 pm

Hi,

I got ILR on 10 years basis In November 2018. Student-PSW and Entrepreneur

My question is for my wife and daughter

My wife and daughter got student dependent visa on 23/12/2009 and entered in the UK on 20th December 2010. They were my PSW dependents and then from March 2014
Entrepreneur dependents until so far. Their visas are going to expire in 18 days. My UK born children now have British passport after my ILR.

1- Can I apply ILR for my wife and daughter ?
2- Will their 10 years ILR time starts 28 days before from their visa stump date (23/12/2009) or from entry date ?
3- What are my best options ?

Thanks in advance

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aman90
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Re: ILR for Dependents

Post by aman90 » Mon Sep 09, 2019 9:56 pm

1.Not eligible for long residence if they entered on 20/12/10
2. Should not be on PBS dependant visa as you got ILR via long residence.

FLR(M) or FLR(FP)

sasim1
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Re: ILR for Dependents

Post by sasim1 » Tue Sep 10, 2019 6:00 am

sasim1 wrote:
Mon Sep 09, 2019 9:12 pm
Hi,

I got ILR on 10 years basis In November 2018. Student-PSW and Entrepreneur

My question is for my wife and daughter

My wife and daughter got student dependent visa on 23/12/2009 and entered in the UK on 20/01/ 2010. They were my PSW dependents and then from March 2014
Entrepreneur dependents until so far. Their visas are going to expire in 18 days. They traveled outside the UK in last July/August for 5 weeks. Now they are here. My UK born children now have British passport after my ILR.

1- Can I apply ILR for my wife and daughter ?
2- Will their 10 years ILR time starts 28 days before from their visa stump date (23/12/2009) or from entry date ?
3- What are my best options ?

Thanks in advance
Last edited by sasim1 on Tue Sep 10, 2019 6:04 am, edited 1 time in total.

sasim1
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Posts: 15
Joined: Fri Aug 30, 2013 11:33 pm

Re: ILR for Dependents

Post by sasim1 » Tue Sep 10, 2019 6:02 am

Hi Aman90,

Sorry they entered on 20/01/2010.
Last edited by sasim1 on Tue Sep 10, 2019 6:05 am, edited 1 time in total.

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CR001
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Re: ILR for Dependents

Post by CR001 » Tue Sep 10, 2019 6:05 am

They don't qualify for ilr based on 10 years long residence yet. You will have to apply on FLR m form and your spouse will need to meet the English A1 test and the 2w,400 financial requirement if it is spouse and one child. More if you have more non British children apply for flr m.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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aman90
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Re: ILR for Dependents

Post by aman90 » Tue Sep 10, 2019 11:09 am

sasim1 wrote:
Tue Sep 10, 2019 6:02 am
Hi Aman90,

Sorry they entered on 20/01/2010.
Minus 28 days
Follow up on CR001’s advice.
Apply closer to expiry of current visa...Vary to ILR when in qualifying period.
Or send back before visa expiry and return to UK on visit visa.

sasim1
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Re: ILR for Dependents

Post by sasim1 » Tue Sep 10, 2019 12:35 pm

aman90 wrote:
Tue Sep 10, 2019 11:09 am
sasim1 wrote:
Tue Sep 10, 2019 6:02 am
Hi Aman90,

Sorry they entered on 20/01/2010.
Minus 28 days
Follow up on CR001’s advice.
Apply closer to expiry of current visa...Vary to ILR when in qualifying period.
Or send back before visa expiry and return to UK on visit visa.
Thank you Aman,

Minus 28 days from visa start date or from entry date ?

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aman90
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Re: ILR for Dependents

Post by aman90 » Tue Sep 10, 2019 12:40 pm

Entry date!

sasim1
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Re: ILR for Dependents

Post by sasim1 » Tue Sep 10, 2019 12:43 pm

CR001 wrote:
Tue Sep 10, 2019 6:05 am
They don't qualify for ilr based on 10 years long residence yet. You will have to apply on FLR m form and your spouse will need to meet the English A1 test and the 2w,400 financial requirement if it is spouse and one child. More if you have more non British children apply for flr m.
Hi CR001,

Thank you for your advise.

1- When do you think they will qualify for ILR on 10 years basis.

2- They have not switched visa after my ILR in November 2018 and traveled out side of UK for 5 weeks. No question been asked at Airport on their return. Do you think their long residency still continues ?

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CR001
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Re: ILR for Dependents

Post by CR001 » Tue Sep 10, 2019 12:45 pm

sasim1 wrote:
Tue Sep 10, 2019 12:43 pm
CR001 wrote:
Tue Sep 10, 2019 6:05 am
They don't qualify for ilr based on 10 years long residence yet. You will have to apply on FLR m form and your spouse will need to meet the English A1 test and the 2w,400 financial requirement if it is spouse and one child. More if you have more non British children apply for flr m.
Hi CR001,

Thank you for your advise.

1- When do you think they will qualify for ILR on 10 years basis.

2- They have not switched visa after my ILR in November 2018 and traveled out side of UK for 5 weeks. No question been asked at Airport on their return. Do you think their long residency still continues ?
1. No sooner than within 28 days before the 10th anniversary of the date they entered the UK.

2. You were lucky. Other members have reported their visas being cancelled. There is no reason their residence has been broken if their visas were not cancelled etc.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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