ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Applying for ILR

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
Tier1dependant2019
Newly Registered
Posts: 6
Joined: Mon Aug 15, 2022 4:10 pm

Applying for ILR

Post by Tier1dependant2019 » Mon Aug 15, 2022 4:22 pm

Hi

I m on tier 1 dependant visa.
Came in uk in february 2019
Extension approved in july 2022
Valid till july 2024

Eligible to apply for ilr in february 2024 (28 days earlier is an option)

All above are same as my spouse.


My questions are :

1- can i apply for ILR on my own as there is option to apply with super priority service without main applicant?

* tier 1 entrepreneur holder can only use standard visa service for ILR.

2- my child was born in april 2020 and got visa and extension. Valid till july 2024

Do i have to apply for her ilr
Or
Once i get ILR can i straight apply for citizenship ?

3- my spouse has time till August so he can apply before that.

Can there be a questions arise why we didn't apply together ?

Thank you

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Applying for ILR

Post by marcnath » Mon Aug 15, 2022 4:32 pm

Tier1dependant2019 wrote:
Mon Aug 15, 2022 4:22 pm
Hi

I m on tier 1 dependant visa.
Came in uk in february 2019
Extension approved in july 2022
Valid till july 2024

Eligible to apply for ilr in february 2024 (28 days earlier is an option)

All above are same as my spouse.


My questions are :

1- can i apply for ILR on my own as there is option to apply with super priority service without main applicant?

* tier 1 entrepreneur holder can only use standard visa service for ILR.

2- my child was born in april 2020 and got visa and extension. Valid till july 2024

Do i have to apply for her ilr
Or
Once i get ILR can i straight apply for citizenship ?

3- my spouse has time till August so he can apply before that.

Can there be a questions arise why we didn't apply together ?

Thank you
1. Yes
2. If the child was born in the UK, there is no need to apply for her ILR
3. No
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Tier1dependant2019
Newly Registered
Posts: 6
Joined: Mon Aug 15, 2022 4:10 pm

Re: Applying for ILR

Post by Tier1dependant2019 » Mon Aug 15, 2022 6:35 pm

Thnks for the reply.

Yes she was born in uk and got indian passport and travelled to india once.
I hope that doesn't affect.

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Applying for ILR

Post by marcnath » Mon Aug 15, 2022 8:45 pm

Tier1dependant2019 wrote:
Mon Aug 15, 2022 6:35 pm
Thnks for the reply.

Yes she was born in uk and got indian passport and travelled to india once.
I hope that doesn't affect.
No, it doesn't
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Tier1dependant2019
Newly Registered
Posts: 6
Joined: Mon Aug 15, 2022 4:10 pm

Re: Applying for ILR

Post by Tier1dependant2019 » Fri Aug 19, 2022 12:43 pm

Hi, I was checking about my application before my spouse for ILR. where i found out

''Your sponsor (Tier 1 Entrepreneur) must either be applying for ILR as Tier 1 Entrepreneur at the same time or must have obtained ILR already as Tier 1 Entrereneur; ''

source: solicitor weblink removed by moderator!!

According to above i can only apply with my spouse or after he gets ILR.

I was checking in guidelines but i couldnt find anything about it. Please share your view on it or share the link where it stats i can apply early or before my spouse gets ILR.

thnx

User avatar
CR001
Moderator
Posts: 86939
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Applying for ILR

Post by CR001 » Fri Aug 19, 2022 12:48 pm

You cannot apply for ilr independently of your spouse who is the main visa holder. The rules do not permit this. You either have to apply together or you apply after they get ilr.

Even if you apply using super priority, your application will be held u tip your spouses ilr is granted via standard service.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Tier1dependant2019
Newly Registered
Posts: 6
Joined: Mon Aug 15, 2022 4:10 pm

Re: Applying for ILR

Post by Tier1dependant2019 » Fri Aug 19, 2022 12:55 pm

i found it on tier 1 guidelines

Settlement requirements for tier 1 dependant


This page explains the requirements for settlement for family members of lead
applicants.
Partners: paragraph 319E of the Immigration Rules
To be granted settlement as the partner of a lead applicant the applicant must:
be the spouse, civil partner or unmarried partner of a person who is being, or
has been, granted settlement as a lead applicant
• have, or have last been granted, permission as the partner of the person who is
being, or has been, granted settlement as a lead applicant
• have been living with the lead applicant in the UK in a marriage or civil
partnership, or in a relationship similar to marriage or civil partnership, for at
least 5 years, with permission as the lead applicant’s partner when the lead
applicant had permission under any category and have met all the
requirements of paragraph 319C (a) to (e) during that time
• be in a genuine and subsisting relationship with the lead applicant at the time
the application is made - for more information, see: Family life (as a partner or
parent), private life and exceptional circumstances
• intend to live together permanently with the lead applicant as their spouse, civil
partner or unmarried partner - for more information, see: Family life (as a
partner or parent), private life and exceptional circumstances
• Anyone aged between 18 and 65 when they apply for settlement must
demonstrate sufficient knowledge of the English language and about life in the
UK unless you consider that, because of the applicant's mental or physical
condition, it would be unreasonable to expect the applicant to fulfil either or
both parts of that requirement. - see: Appendix KoLL
• not have been absent from the UK for more than 180 days in any 12 month
period during the 5 year period except:
o any absence from the UK for the purpose of assisting with a national or
international humanitarian or environmental crisis overseas shall not count
towards the 180 days
o any absence from the UK during periods of leave granted under the Rules in
place before 11 January 2018 shall not count towards the 180 days
o for any applicant who has or has had leave as the dependant partner of a
Tier 2 (General) migrant, where the Tier 2 migrant’s Certificate of
Sponsorship Checking Service entry shows that they were sponsored to
work in a PhD level occupation when the absence occurred, any absence of
the applicant from the UK to accompany their partner while the partner
carried out research activities overseas shall not count towards the 180 days






yes CR001 you are right.

thank you for it.

please response on the below query.
Last edited by Tier1dependant2019 on Fri Aug 19, 2022 12:58 pm, edited 1 time in total.

Tier1dependant2019
Newly Registered
Posts: 6
Joined: Mon Aug 15, 2022 4:10 pm

Re: Applying for ILR

Post by Tier1dependant2019 » Fri Aug 19, 2022 12:57 pm

CR001 wrote:
Fri Aug 19, 2022 12:48 pm
You cannot apply for ilr independently of your spouse who is the main visa holder. The rules do not permit this. You either have to apply together or you apply after they get ilr.

Even if you apply using super priority, your application will be held u tip your spouses ilr is granted via standard service.

question about child:

we have visa till august 2024 and eligible to apply in february 2024.
so do we need to apply ILR for our child same time or can we wait till we hear about our application and then straight apply for child citizenship.

please advice me on above

thnx

User avatar
CR001
Moderator
Posts: 86939
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Applying for ILR

Post by CR001 » Fri Aug 19, 2022 1:11 pm

marcnath wrote:
Mon Aug 15, 2022 4:32 pm
2. If the child was born in the UK, there is no need to apply for her ILR
You have already been given advice about the uk born child!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Tier1dependant2019
Newly Registered
Posts: 6
Joined: Mon Aug 15, 2022 4:10 pm

Re: Applying for ILR

Post by Tier1dependant2019 » Fri Aug 19, 2022 1:30 pm

thnx cr001

what if i and my spouse apply in February 2024 and don't hear back from home office till our child visa expires (august 2024)
does she become illegal ?
* if we get our ILR then we can apply for citizenship of the child. (before august)

or can we apply for ILR if we don't hear back from them? just before her visa expires

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Applying for ILR

Post by marcnath » Fri Aug 19, 2022 1:46 pm

Tier1dependant2019 wrote:
Fri Aug 19, 2022 1:30 pm
thnx cr001

what if i and my spouse apply in February 2024 and don't hear back from home office till our child visa expires (august 2024)
does she become illegal ?
* if we get our ILR then we can apply for citizenship of the child. (before august)

or can we apply for ILR if we don't hear back from them? just before her visa expires
Since your child was born in the UK, visa expiry will not affect the citizenship application.

So there is no need to apply for ILR or extension.

However, if you need to travel after visa expiry and before citizenship is acquired, it might make it difficult to come back (as your child would have been an overstayer and may get visa rejected).
Also, as per rules, your child will have to pay for NHS services though I am not sure if that is strictly applied.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Locked
cron