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ILR for Spouse and Child naturalisation

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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raja1382
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ILR for Spouse and Child naturalisation

Post by raja1382 » Wed Jun 13, 2018 1:28 pm

Hi,
Can you pls help me with below query.

My Spouse and child entered UK on sep 16,2013 on Tier 2 ICT Dependant and currently on PBS dependant visa.
I got my british Citizenship in dec 2016.

In Sep 2018 i am planning to apply for ILR for my dependants as they become eligible for qualifying period.
As I understand, I can apply ILR for child same time as Spouse.

Recently I am told by someone that there is no need for kid to apply for ILR.

Spouse needs to apply for ILR where as Kid can directly apply naturalization without applying ILR after certain period of time based on my citizenship status and wife getting ILR status.

Can you pls let me know if their is any sort of possibility in this scenario based on above dates and timeperiod mentioned? Just want to ensure I dont miss anything before I apply for ILR for family.

Kindly advise.

Thanks
Raj

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Wed Jun 13, 2018 1:54 pm

If the child was born abroad, they are expected to hold ILR before they qualify for citizenship.

How old is the child??
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cyclina1
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Re: ILR for Spouse and Child naturalisation

Post by cyclina1 » Wed Jun 13, 2018 1:58 pm

raja1382 wrote:
Wed Jun 13, 2018 1:28 pm
Hi,
Can you pls help me with below query.

My Spouse and child entered UK on sep 16,2013 on Tier 2 ICT Dependant and currently on PBS dependant visa.
I got my british Citizenship in dec 2016.

In Sep 2018 i am planning to apply for ILR for my dependants as they become eligible for qualifying period.
As I understand, I can apply ILR for child same time as Spouse.

Recently I am told by someone that there is no need for kid to apply for ILR.

Spouse needs to apply for ILR where as Kid can directly apply naturalization without applying ILR after certain period of time based on my citizenship status and wife getting ILR status.

Can you pls let me know if their is any sort of possibility in this scenario based on above dates and timeperiod mentioned? Just want to ensure I dont miss anything before I apply for ILR for family.

Kindly advise.

Thanks
Raj
Yes. Your partner needs to apply ILR, but your child if he/she is under 18 they can register as BC by descent, because you are BC.

https://www.gov.uk/register-british-cit ... outside-uk
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Wed Jun 13, 2018 2:25 pm

cyclina1 wrote:
Wed Jun 13, 2018 1:58 pm
raja1382 wrote:
Wed Jun 13, 2018 1:28 pm
Hi,
Can you pls help me with below query.

My Spouse and child entered UK on sep 16,2013 on Tier 2 ICT Dependant and currently on PBS dependant visa.
I got my british Citizenship in dec 2016.

In Sep 2018 i am planning to apply for ILR for my dependants as they become eligible for qualifying period.
As I understand, I can apply ILR for child same time as Spouse.

Recently I am told by someone that there is no need for kid to apply for ILR.

Spouse needs to apply for ILR where as Kid can directly apply naturalization without applying ILR after certain period of time based on my citizenship status and wife getting ILR status.

Can you pls let me know if their is any sort of possibility in this scenario based on above dates and timeperiod mentioned? Just want to ensure I dont miss anything before I apply for ILR for family.

Kindly advise.

Thanks
Raj
Yes. Your partner needs to apply ILR, but your child if he/she is under 18 they can register as BC by descent, because you are BC.

https://www.gov.uk/register-british-cit ... outside-uk
How is the child British by Descent if the child was born abroad BEFORE the OP became British in 2016???
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cyclina1
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Re: ILR for Spouse and Child naturalisation

Post by cyclina1 » Wed Jun 13, 2018 2:34 pm

sorry I overlooked this - I got my british Citizenship in dec 2016.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

secret.simon
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Re: ILR for Spouse and Child naturalisation

Post by secret.simon » Wed Jun 13, 2018 2:59 pm

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.

raja1382
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Re: ILR for Spouse and Child naturalisation

Post by raja1382 » Thu Jun 14, 2018 11:03 am

CR001 wrote:
Wed Jun 13, 2018 1:54 pm
If the child was born abroad, they are expected to hold ILR before they qualify for citizenship.

How old is the child??

Hi CR001, thanks for response.

Yes, the child is born abroad. Myself and spouse both are Tier2 visa ICT at that time.
Child completed 5 years as of Feb 2018.

So as I understand it, Child defeo needs ILR before applying BC.

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Thu Jun 14, 2018 11:05 am

So as I understand it, Child defeo needs ILR before applying BC.
It is the safer option. If you choose to skip ILR and applying directly for citizenship and are refused, your risk the child having no valid visa.

Some have had success doing this after lengthy processes with HO but many have been refused citizenship for their children born abroad.
Char (CR001 not Casa)
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raja1382
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Re: ILR for Spouse and Child naturalisation

Post by raja1382 » Thu Jun 14, 2018 11:17 am

CR001 wrote:
Thu Jun 14, 2018 11:05 am
So as I understand it, Child defeo needs ILR before applying BC.
It is the safer option. If you choose to skip ILR and applying directly for citizenship and are refused, your risk the child having no valid visa.

Some have had success doing this after lengthy processes with HO but many have been refused citizenship for their children born abroad.
Thanks CR001, I will proceed with ILR application as per my earlier decision.

Also Just to confirm as my spouse and child are on PBS dependant visa, i am choosing SET (O) application and can apply for both in same application online with my wife as main applicant and child as dependant.

I assume SET (M) is only for those with FLR dependant visa.

Am i correct in my understanding.

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Thu Jun 14, 2018 11:18 am

Also Just to confirm as my spouse and child are on PBS dependant visa, i am choosing SET (O) application and can apply for both in same application online with my wife as main applicant and child as dependant.
One Set(O) form. Wife as main applicant and child as dependent.
I assume SET (M) is only for those with FLR dependant visa.
Correct yes.
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raja1382
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Re: ILR for Spouse and Child naturalisation

Post by raja1382 » Fri Jul 06, 2018 12:27 pm

Hi,

I have filed online application Set (O) for my wife and child. However i have few questions for clarification. Pls advise.

Q1. My wife and child -
Visa grant date - 07-Aug- 2013
UK entry date - 16 - sep -2013
from posts I came across on boards, i assume my family is eligible to apply ILR on 09- Aug-2018 or after based on visa grant date due to new rule changes. Pls confirm if my understanding is wrong.

Q2. SET(O) form -
a. latest visa extn date - 08 June 2017. in form, question - does the period of stay on which this application was based include any leave granted since 11 Jan 2018- I selected as No----Pls confirm if this is correct?

b.have you previously lived in country outside the UK including your country of birth? - I have included details of my wife from her date of birth until present ( including visits to UK in and out and as well same for other countries) - is that correct? or do i need to fill only information after entry date to UK 16 sep 2013? ----Pls confirm


I find online form SET (O) has few sections to fill compare to paper form.Hope I am not not missing anything. My wife is non working and support her and our child. so she doesnot have any income proof as such.

we have just bank joint account to carry ,does she need to carry my employer letter, payslips and p60's other than bank statements.
apart from bankstatements, she will be carrying NHS letter, council letters,marraige cert, birth cert for child and some more docs.

Kindly advise.

Thanks
Raj

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Fri Jul 06, 2018 12:34 pm

Q1. My wife and child -
Visa grant date - 07-Aug- 2013
UK entry date - 16 - sep -2013
from posts I came across on boards, i assume my family is eligible to apply ILR on 09- Aug-2018 or after based on visa grant date due to new rule changes. Pls confirm if my understanding is wrong.
They qualify within 28 days before 5th anniversary of your wifes' visa issue date (7th August 2018 minus 28 days).
Q2. SET(O) form -
a. latest visa extn date - 08 June 2017. in form, question - does the period of stay on which this application was based include any leave granted since 11 Jan 2018- I selected as No----Pls confirm if this is correct?
No is the correct answer.
b.have you previously lived in country outside the UK including your country of birth? - I have included details of my wife from her date of birth until present ( including visits to UK in and out and as well same for other countries) - is that correct? or do i need to fill only information after entry date to UK 16 sep 2013? ----Pls confirm
Not included visits. Only countries where you lived, i.e. not visited.
I find online form SET (O) has few sections to fill compare to paper form.Hope I am not not missing anything. My wife is non working and support her and our child. so she doesnot have any income proof as such.
There is no requirement for a PBS dependent to work.
we have just bank joint account to carry ,does she need to carry my employer letter, payslips and p60's other than bank statements.
apart from bankstatements, she will be carrying NHS letter, council letters,marraige cert, birth cert for child and some more docs.
You need to provide evidence that you can support and maintain yourselves, i.e. most submit 3 months payslips and bank statements.
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.

raja1382
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Re: ILR for Spouse and Child naturalisation

Post by raja1382 » Fri Jul 06, 2018 8:31 pm

Thanks CR001.

one more question from application form -
do you or anyone else who is part of this application receive any public funds? ---I selected as Yes.
can you correct me incase if I am wrong based on below.

In current ILR application, my wife is main applicant and child as dependent.
I am claming child benefit for my kid after I became British citizen and based on my annual salary and it gets credited into joint bank account.
Hence I selected Yes for this question.

Am I correct in saying that as child benefit is credited based on my salary scale and it is joint account, is it ok to select Yes? pls advise.

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