Family ILR application Wife and new Born

R1011 · Post by **R1011** » Wed Nov 20, 2013 7:54 pm

Me and wife are Indian and currently on Tier 2 ICT . We would be applying for ILR next month under SET 0. We also have a UK born baby (Born in 2012) ..

I have gone through Forums and my questions are not covered hence please support..

a) Does my UK born requires to have indian passport for applying to ILR with us or birth certificate is enough...His birth has been registered in UK but he doesn;t hold any passports.

b) If I apply in one application for my entire family and one of my dependant's application is rejected than would everyone's ILR is rejected or rest of us would get our ILR..

c) Can I apply earlier for myself i.e in 10th Dec and my wife and child apply a month later .. Our existing Tier 2 Visa is valid till 15th Jan or their dependant status expires instantly as i get my ILR.

d) if our application is rejected than does our existing Visa still holds untill 15th feb..

vinny · Post by **vinny** » Wed Nov 20, 2013 10:21 pm

a) Passport is not required, if there isn't one. However, if a UK-child had never applied for leave, then child is not required to apply for leave to remain. Moreover, a UK-born child will be entitled to register for British citizenship after a parent is granted ILR.
b) If you fail, then all your dependants will fail. If one of your dependants fail, then the rest shouldn't be affected.
c) They can wait until their leave expire.
d) If they curtail your leave, then you would have the right of appeal.

R1011 · Post by **R1011** » Wed Nov 20, 2013 11:29 pm

Thank Vinny..

You are very helpful as always.. Quick question on second point .

b) If you fail, then all your dependants will fail. If one of your dependants fail, then the rest shouldn't be affected.

Does that mean it's advisable to apply for myself only to minimize finaincial risk of loosing money for all three in one shot.. (Just in case my application fails)..

Other issue is that we have had religious marriage in 16 years back but didn;t register it in Civil, hence have no marriage certificate.. Though my wife has me listed as husband in her passport and child birth certifcate mentions us as parents . She has been successfuly getting PBS dependant Visa as my Spouse since past five years .. We have enough document to proove cohabitation but should I file her as Unmarried or married patner in ILR application..

vinny · Post by **vinny** » Wed Dec 04, 2013 4:58 am

R1011 wrote:My wife and have been married since 1998 and staying in UK since 09 on TIER 2 Spouse visa with me. We had a relegious marriage but didn't rejister it. While coming to UK, she entered my name in passport as husband. Now we are planning to file ILR and confused whether i should mention her as Unmarried partner or married since we dont have marriage certificate but we have enough document to proove cohabitation.

Could anyone suggest if marriage certificate is must or is their anything else we can privide as a proof to marriage..

To add in all my previous application, she is listed as married partner and UKBA have assigned her dependant visa without any issue..

R1011 wrote:could someone please reply to this query.. I also wrote to UKBA but they just copied basic guidelines around ILR rather than answering ..

Thanks

vinny · Post by **vinny** » Wed Dec 04, 2013 5:00 am

R1011 wrote:I am applying for ILR as Tier 2 + WP migrant on 12th dec as would complete five years. However my wife arrived in UK in 20th feb 2009 and would complete her continous five years on 20th Feb 2014..

I have read that requirement for ILR dependant is only for two years but this is only applicable if entry was obtained before 6th July 2012..

How is this period calculated. For example in my wife case she has been in UK on Tier spouse visa since 2009 but we got Visa extented on Aug 2013.. Is she still be treated under rules placed before 9th july 2012 since orginal entry was in 2009 and last vias was just extention..

Please help urgently. I have already applied for Family PEO appointment for 12th dec.

To mention her current visa expired on 15th Jan 2014 and her five years from teh date of first entry would only complete by 20th feb 2014..

vinny · Post by **vinny** » Wed Dec 04, 2013 5:45 am

If her dependant leave was extended in the UK, then she should be eligible for ILR under the two years requirements (319E(d)(i)).

malfayez · Post by **malfayez** » Sat Dec 07, 2013 11:32 am

vinny wrote:If her dependant leave was extended in the UK, then she should be eligible for ILR under the two years requirements (319E(d)(i)).

Thanks Vinny. If the dependent Leave was extended outside the UK, although the previous visa overlap with the new visa, Would the dependent still apply under the old rules.

Apology to shaft the conversation

My wife was PBS dependent since Oct 2008. I got ILR on May 12 ( she was back home with valid visa until Nov 12), However, we had new baby then we have renew all visas from Aug 2012. she was given 30 months from Aug 12.

Many thanks for your reply

vinny · Post by **vinny** » Sat Dec 07, 2013 2:23 pm

If she applied for a spouse visa, then her qualifying period for ILR may have been reset, unless you could argue that she is still subject to the transitional provisions.

malfayez · Post by **malfayez** » Sun Dec 08, 2013 10:56 pm

vinny wrote:If she applied for a spouse visa, then her qualifying period for ILR may have been reset, unless you could argue that she is still subject to the transitional provisions.

Thanks Vinny for the reply. Not sure, how can I argue that she was still subject to the transitional provisions

thanks again

vinny · Post by **vinny** » Sun Dec 08, 2013 11:35 pm

It may be difficult.

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