ILR - Spouse and new born baby

Hello,

I am about to receive my Indefinate leave to remain (ILR) next week on the basis that I have lived in the UK for 4 years on a work permit visa.

My wife also lives with me in UK on a dependency visa of a work permit holder but currently she is in India as we just had our first baby and so I can't include them on my ILR application.

I intent to call them soon to join me here and i dont want to wait for them to join me before i get my ILR.

I have couple of questions:
As my status would change from work permit to ILR (permanent residency) would my wife and child need to apply for a new visa even though she currently has a dependency visa and it's valid up to July 2006?

If yes what documents will I need to send her for her to apply for a new visa.

What visa will she and the baby need to apply for?

Alternatively can she join me here on her existing visa and then apply for the ILR in UK itself.

All suggestions welcomed.

Times

I was wondering where are the active volunteers gone
Can someone having an idea of my case pls reply!

Thanks,
Times

both the child and mother can apply for ILR as a dependant on your visa

it's best to get the ILR visa in India than UK considering the waiting time

Times,

As my status would change from work permit to ILR (permanent residency) would my wife and child need to apply for a new visa even though she currently has a dependency visa and it's valid up to July 2006?

Yes they should apply for a new visa to re-enter the UK. They would be dependents of a settled person rather than of someone on limited leave.

If yes what documents will I need to send her for her to apply for a new visa.

1. Marriage certificate - I expect the visa officer to want extensive details pertaining to the subsistence of your marriage/ relationship given that you may have spent some time apart.
2. Full birth certificate of the child naming both parents - the visa office can require DNA tests.
3. Evidence of funds - wage slips, bank statements, letter from employer
4. Evidence of accomodation.

What visa will she and the baby need to apply for?

Dependents of a settled person. Your child will get Indefinite Leave to Enter the UK. Your spouse will get a 2 year spouse visa then 28 days beofre this expires can apply for ILR.

Alternatively can she join me here on her existing visa and then apply for the ILR in UK itself.

If you hold ILR No else Yes.

Thanks for the helpful reply.

But one question you have said that "Your spouse will get a 2 year spouse visa then 28 days beofre this expires can apply for ILR. "

And i thought all dependents get ILR when i get it didn't knew they had an additional 2 years waiting period.

Please can you clarify this.

Times.

Not sure where the confusion is:

Your dependents are granted ILR with you only if:

1. They are included in your 'in country' application for ILR.

2. They are physically present in the UK in an appropriate dependent visa category.

3. You provide appropriate proof of said relationships.

4. The Home Office is satisfied that the said relationships are bonafide.

5. That further all other requirements of the immigration rules are met.

From your details the 'must be in UK' requirement is not met. Your dependents can apply for visas to return to the UK as 'dependents of a person present and settled in the UK' - under the rules your child being under 18 can be granted Indefinite Leave to Enter the UK. Your spouse on the other hand will not get ILE immediately - she will initially get a 2 year spouse visa. Before this expires she can apply for ILR - she may do so 28 days before the 2 yr visa expires. ILE and ILR ar the same settled status - only one is issued outside the UK (ILE) the other within the UK(ILR).

If you want everyone to get ILR at the same time hold back on your ILR application until they are back in the UK.

Thanks a lot.
And thats what i am going to do.

Times