Dependant eligibility confusion ?

Recent posts have created some confusion regarding dependant eligibility for ILR. Does 2 year requirement is mandatory for dependants when applying for ILR under set (o)?

I am applying for ILR (WP+Tier 1, 5year) in June. My case is as follows

My wife joined me in June 2006 as WP dependant and stayed here till May 2008. (I.e. 1 year 11 months).

In April 2008 converted to Tier 1 dependants from WP dependant.

She went to India and stayed there for 7 months from May 2008 to Dec 2008 (Maternity Reason).

She came back to UK in Dec 2008 and since then she is living here as my dependant (Tier 1)

Can I include her in Set (O) form as my dependant? OR Do I need to wait for her ILR till Dec 2010?

Thanks
Rajesh

Forget your spouse's absences from UK (as dependent's absences are not relevant) for ILR. These absences from UK will influence her eligibility for naturalisation, but irrelevant for ILR.

Your wife has been staying in the UK as your dependent since 2006 (initially WP dependent and then Tier 1 dependent) and hence satisfies the 2 yr. residential requirement for Tier 1 dependents.

Include her as a dependent in your ILR application.



regards

sushdmehta wrote:Forget your spouse's absences from UK (as dependent's absences are not relevant) for ILR. These absences from UK will influence her eligibility for naturalisation, but irrelevant for ILR.

Your wife has been staying in the UK as your dependent since 2006 (initially WP dependent and then Tier 1 dependent) and hence satisfies the 2 yr. residential requirement for Tier 1 dependents.

Include her as a dependent in your ILR application.



regards

Sushdmehta,

Does this 2 yrs dependent rule apply for WP + Tier 2?

Anyone and everyone currently on PBS (and not protected by HSMP JR, though UKBA now seems to enforcing this on dependents of HSMP JR protected migrants too).


regards

sushdmehta wrote:Anyone and everyone currently on PBS (and not protected by HSMP JR, though UKBA now seems to enforcing this on dependents of HSMP JR protected migrants too).


regards

Actually, my second child born in UK & he is around 10 months old. I have included him in my ILR application. Rest of the dependents (spouse + 1st child) are with me from my first date of arrival.

Does this mean it will be problem for my second child to get ILR?

In such a case what will be ILR outcome for me, my spouse & 1st child?

If my second child is refused ILR, What will be the next step for my second child to obtain ILR?

There was no need for your UK-born-child to be included in the ILR application. All you had to do was register the child as British after receiving your ILR (using MN1 form, under section 1(3)). Upon successful registration you could have applied for British passport.

I am unable to say if your UK-born-child will be granted ILR or not. Even if UKBA considers him not eligible, you and your other dependents ILR application will be processed as usual and decision made accordingly.


regards

sushdmehta wrote:There was no need for your UK-born-child to be included in the ILR application. All you had to do was register the child as British after receiving your ILR (using MN1 form, under section 1(3)). Upon successful registration you could have applied for British passport.

I am unable to say if your UK-born-child will be granted ILR or not. Even if UKBA considers him not eligible, you and your other dependents ILR application will be processed as usual and decision made accordingly.


regards

sushdmehta,

Thanks for the prompt response. So it looks like my second child will not get ILR. Do you think this can contribute to the delay in deciding my ILR Application (Self+Spouse+2 childs, WP + Tier 2)? I have posted my application on 27th Feb & now into 13th week.

sushdmehta wrote:There was no need for your UK-born-child to be included in the ILR application. All you had to do was register the child as British after receiving your ILR (using MN1 form, under section 1(3)). Upon successful registration you could have applied for British passport.

I am unable to say if your UK-born-child will be granted ILR or not. Even if UKBA considers him not eligible, you and your other dependents ILR application will be processed as usual and decision made accordingly.


regards

Hi sushdmehta,

I was going through the UKBA website with an intention to find out the eligibility requirement for ILR in relation to family members. I have gone through the following link & found that the 2yrs rule is mentioned for partners, but not for Children. You can refer the following link. I have also reproduced below the relevant sections for partners & children. Can you please let me know if I'm missing something???

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/
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Family members of relevant points-based system migrants
Part 8 – Family Members

Partners of relevant points-based system migrants
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.

Children of relevant points-based system migrants
319J. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who is, at the same time, being granted indefinite leave to remain as a Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the child of the Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life.
(e) Both of an applicant's parents must either be lawfully present in the UK, or being granted entry clearance, limited leave to remain, or indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant's sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care.
(f) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 at the time this application is made.

Whether your UK-born-son is granted ILR or not doesn't make a difference!

As explained, once you have ILR register your son as British and then apply for British passport. Irrespective of whether he is granted ILR or not, you'll have to follow the same process.

Nothing to worry about!



regards

sushdmehta wrote:Whether your UK-born-son is granted ILR or not doesn't make a difference!

As explained, once you have ILR register your son as British and then apply for British passport. Irrespective of whether he is granted ILR or not, you'll have to follow the same process.

Nothing to worry about!



regards

Thanks.

But, I don't intend to go for british passport route for my child & hence trying understand the ILR eligibility rule for child born in UK (spent less than 2 yrs). Does my previous post makes any sense or I'm missing something?

IMHO, he should be (granted ILR).


regards

Hi,

My husband is having ILR eligibility (WP - 3yrs and Tier1 - 2yrs) now and will be applying in Sep'11.
We have been married in Apr'10 but I'm in UK on my own Tier 1 General from Sep'09. I haven't changed to this dependant visa.
Could the senior members please suggest as when I would be eligibile for ILR as a spouse and if I do need to change to dependant visa for that?

Many Thanks,
Anjali