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HSMP + EEA Spouse + child on the way, which ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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LA_Mike
Junior Member
Posts: 55
Joined: Mon Mar 29, 2004 10:18 pm
Location: London, UK

HSMP + EEA Spouse + child on the way, which ILR?

Post by LA_Mike » Sat Dec 19, 2009 12:53 pm

Thanks to this forum, I was able to immigrate to the UK in June 2004 under the old 1 + 3 system

Timeline
June 2004: 1 Year HSMP, entered UK and started cohabiting with my then girlfriend, now wife, an Irish citizen living in England since 2000
June 2005: 3 year FLR extension to HSMP
July 2007: Married
May 2008: Got a 2 year EEA spouse FLR in May 2008 (as the rules had changed to requiring 5 years residency for ILR and I didn't want to reapply under the points system)

My FLR expires in May 2010 and I would like to apply for ILR. As I understand it, I would need to do this in April with a SET (M) (no sooner than 28 days before expiry, but no later than the expiry).

We also have a baby due on March 2, who will qualify for an Irish and American passport.

So a few questions:

* Would I qualify for ILR any earlier than April based on other factors (>5 years residence, >5 years cohabiting, > 2 years married)
* Do I need to apply for my dependent child even though he/she will be a EEA citizen?
* The SET (M) form asks whether I or my wife am receiving child tax credit or child benefit. I don't think we would qualify for child tax credit, but as far as I can tell it should be ok for her to apply for child benefit as an EEA citizen (but not me as I still have "no recourse to public funds"). Is that true?

Thanks!

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