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Eligible for ILR, Child Born In UK, Partner does not complete 5 years - but both dependants have their PBS visa valid

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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kalven
Junior Member
Posts: 98
Joined: Mon Feb 20, 2017 12:29 pm

Eligible for ILR, Child Born In UK, Partner does not complete 5 years - but both dependants have their PBS visa valid

Post by kalven » Tue Dec 26, 2017 11:07 pm

Hi All,

Mine would be an interesting situation. I would be eligible for ILR later, the following year. I have a child born in UK (got a PBS dependant visa), and my spouse (got a PBS dependant visa). both the dependant visas are valid till 2020, but I would be eligible for ILR in 2019. I would apply for my ILR Via 5 years route.

My questions would be:

1. When I apply for ILR, would my child be already eligible for British nationality and should I make that application in parallel or should I wait for my ILR decision and then apply for my child's British citizenship?

2. My spouse would not be eligible for ILR by 2019, so should I let her stay in the current PBS Dependant visa till 2020, or should I apply for new PBS dependant visa for next 3 years? (as I apply for ILR Via 5 years route).

As this involves a lot of fee/ charges, I would be grateful if a clear guidance is recommended and I would proceed accordingly

Many Thanks

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Eligible for ILR, Child Born In UK, Partner does not complete 5 years - but both dependants have their PBS visa vali

Post by vinny » Wed Dec 27, 2017 12:05 am

1. Wait.
2. Stay.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kalven
Junior Member
Posts: 98
Joined: Mon Feb 20, 2017 12:29 pm

Re: Eligible for ILR, Child Born In UK, Partner does not complete 5 years - but both dependants have their PBS visa vali

Post by kalven » Wed Jan 03, 2018 11:24 am

Hi Mr. Vinay

Thank you very much for the response.. This is most helpful

Many Thanks

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