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Please help with ILR dependants

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Chalico
Newly Registered
Posts: 8
Joined: Sat Feb 01, 2014 12:56 pm

Please help with ILR dependants

Post by Chalico » Sat Feb 01, 2014 1:09 pm

Dear members, can some one help me out please?
I need your advice on our visa application.

My husband has been living in Uk since 2003, for 10 years and 5 months (5 years with student visa, 2 years with post study permit (working full time), last 3 years with work permit visa). Now he wants to apply for ILR after 10 years of long stay. We now he qualifies for this. But not sure what to do with us.
We are family of 5 with 3 kids. We were married in 2006. I am living in the UK since 2006 as his dependant. I am not working at the moment. We have 3 kids in education here aged 6, 3 and 1. We have our current visa valid until 2015 july.
Can you please advice on this?
1. Can we apply at the same time?
2. Can he apply for premium one day service?
3. If he needs to apply on his own, what will happen to our visa status?
4. Do we need to provide funds? Or is a letter about my husbands employment showing his income would be enough?

I have been looking on ukba website and lots of other solicitors websites, but couldn't find clear information on this. Some says that we all can apply and use premium one day service, others day that we have to wait.. I am confused now.
Please help if you can.

Thanks in advance.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Please help with ILR dependants

Post by vinny » Sat Feb 01, 2014 1:29 pm

1. Better not if you have plenty of leave remaining.
2. No.
3. Nothing. Your leave to remain are still valid until they expire or are curtailed. However, if he is granted ILR, they may consider that your circumstances have changed sufficiently to refuse re-entry when travelling. However, UK born children will be entitled to register for British citizenships.
4. See also Long residence and dependants.

Are you a non-PBS work permit dependant or a Tier 2 dependant?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Chalico
Newly Registered
Posts: 8
Joined: Sat Feb 01, 2014 12:56 pm

Re: Please help with ILR dependants

Post by Chalico » Sat Feb 01, 2014 2:35 pm

vinny wrote:1. Better not if you have plenty of leave remaining.
2. No.
3. Nothing. Your leave to remain are still valid until they expire or are curtailed. However, if he is granted ILR, they may consider that your circumstances have changed sufficiently to refuse re-entry when travelling. However, UK born children will be entitled to register for British citizenships.
4. See also Long residence and dependants.

Are you a non-PBS work permit dependant or a Tier 2 dependant?
Thanks for your prompt and clear answer.
I am a Tier 2 dependant.
If he is going to apply on his own, and wait for his ILR for 5-6 months, then I will need to apply to be his dependant again and wait for couple of months, right?

Or do you think it's better to wait till his 5 year work permit, which will be next year, and apply altogether for premium? And no waiting would be better option?

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