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ILR Eligibility for child born outside of UK

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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sivalsm
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India

ILR Eligibility for child born outside of UK

Post by sivalsm » Mon Feb 17, 2020 9:55 pm

Hi,

I came to UK on Tier 2 General route. I got my ILR in Jan 2020. My wife and daughter came to UK after 6 months of my arrival. They will complete 5 years term by July 2020. At the moment they hold visa valid until April 2020.

I'm in process of renewing my wife visa for 1 year (short of 3 months for ILR Eligibility) and will apply ILR in July 2020.

When it comes to my daughter (Age: 11), Do she need to complete 5 years to eligible for ILR?

Thanks,
Siva
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Djsuccess
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Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: ILR Eligibility for child born outside of UK

Post by Djsuccess » Mon Feb 17, 2020 11:44 pm

sivalsm wrote: ↑
Mon Feb 17, 2020 9:55 pm
 Hi,

I came to UK on Tier 2 General route. I got my ILR in Jan 2020. My wife and daughter came to UK after 6 months of my arrival. They will complete 5 years term by July 2020. At the moment they hold visa valid until April 2020.

I'm in process of renewing my wife visa for 1 year (short of 3 months for ILR Eligibility) and will apply ILR in July 2020.

When it comes to my daughter (Age: 11), Do she need to complete 5 years to eligible for ILR?

Thanks,
Siva
Both your wife and child have to complete the 5 years to be eligible for ILR. Since your child was not born in the UK, and she is already on the Tier 2 dependant visa route, you have to ensure she does not become an overstayer. And while you are extending their visas, make sure you use the right form and apply under the correct category so they don't lose their continuity.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
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zimba
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Re: ILR Eligibility for child born outside of UK

Post by zimba » Tue Feb 18, 2020 3:17 am

sivalsm wrote: ↑
Mon Feb 17, 2020 9:55 pm
 Hi,

I came to UK on Tier 2 General route. I got my ILR in Jan 2020. My wife and daughter came to UK after 6 months of my arrival. They will complete 5 years term by July 2020. At the moment they hold visa valid until April 2020.

I'm in process of renewing my wife visa for 1 year (short of 3 months for ILR Eligibility) and will apply ILR in July 2020.

When it comes to my daughter (Age: 11), Do she need to complete 5 years to eligible for ILR?

Thanks,
Siva
PBS dependant extension is granted for 3 years (you cannot extend it for 1 year). Children born outside the UK do not have a qualifying period to complete, they are simply eligible for ILR when both parents are settled.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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sivalsm
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Posts: 19
Joined: Wed Aug 14, 2019 3:00 pm
India

Re: ILR Eligibility for child born outside of UK

Post by sivalsm » Tue Feb 18, 2020 3:23 am

Hi,

Thanks for reply.

As my wife also eligible for ILR by July 2020, I should go for extension for both of them I guess.

I heard I can extend their visas for 1 year but 3 years max by entering my visa expiry date during IHS pay.

Thanks,
Siva
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zimba
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Re: ILR Eligibility for child born outside of UK

Post by zimba » Tue Feb 18, 2020 3:25 am

sivalsm wrote: ↑
Tue Feb 18, 2020 3:23 am
 Hi,

Thanks for reply.

As my wife also eligible for ILR by July 2020, I should go for extension for both of them I guess.

I heard I can extend their visas for 1 year but 3 years max by entering my visa expiry date during IHS pay.

Thanks,
Siva
Yes both have to extend and both can apply together for ILR.
You need to pay IHS for three years or your application will be delayed.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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aby00156
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Re: ILR Eligibility for child born outside of UK

Post by aby00156 » Tue Feb 18, 2020 8:11 am

sivalsm wrote: ↑
Tue Feb 18, 2020 3:23 am
 Hi,

Thanks for reply.

As my wife also eligible for ILR by July 2020, I should go for extension for both of them I guess.

I heard I can extend their visas for 1 year but 3 years max by entering my visa expiry date during IHS pay.

Thanks,
Siva
Just FYI,

The 5 years for your wifes ILR is counted from the date of issue of the visa. And you can apply 28 days before the 5year completion period.

See if this helps in your wifes case. Might save you some money.
So verily, with every difficulty, there is relief.
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sivalsm
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Joined: Wed Aug 14, 2019 3:00 pm
India

Re: ILR Eligibility for child born outside of UK

Post by sivalsm » Tue Feb 18, 2020 9:19 am

Thanks for your concern. July is after considering 28 days from Visa issue date.. 😊
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