Help needed for spouse and daughter ILR

[dogaralitahir]

Hi all,

I am here to seek your help/advice.

I came in UK as student in 2011 later got extension as student till 2015. Then I switched to T1 Entrepreneur visa from 2015 till 2018. In 2015 my spouse and daughter joined me as dependent. In 2018 I applied FL which rejected but mean time i have completed 10 years long residency and got my ILR in october 2021. My spouse and daughter got FLR as dependent of settled person.

My questions are when my wife can apply ILR? can she combine earlier leaves given that recent changes can give her any advantage to club previous leaves or either she can apply after 5 years as dependent or 10 years in 2025.

Second question is when my daughter can apply when she arrived in UK she was 4 years and 8 months old now she is 11 years 8 month old. My citizenship application yet under process. If i got citizenship which i hoping soon will give her any advantage or any other rules changes favors her to apply for ILR or citizenship directly.
So can my daughter apply citizenship directly and when or she first need to apply for ILR. If first to apply ILR when she can apply earliest.

Many thanks and regards,

[zimba]

Your wife should be able to apply under the long residence in 2025.
I believe the child can settle under the rules in place since 2012 under the 7 years route and as you are becoming British, it maybe be unreasonable to expect her to leave the UK. So I believe this may be possible.

Not reasonable to expect the applicant to leave the UK
The Home Office has provided guidance to its caseworkers in relation to the test to be applied with regard to whether it would be reasonable to expect the child to leave the UK. The factors that are taken into account include:

•any significant risk to the child’s health, for example, where a child is undergoing a course of treatment for a life threatening or serious illness and •treatment would not be available in a country to which he or she would be returning;
•whether it would be reasonable for the child to return with his or her parents;
•any wider family ties in the United Kingdom;
whether he or she is a citizen of the country he or she may return to;
•whether he or she has previously visited or lived in that country;
•any family and friendship networks there;
•any relevant cultural ties there and whether the child understands that culture having been part of a diaspora here;
•his or her ability to speak, read and write a language spoken there;
•whether he or she ever attended school in that country.

Note that the new 2022 appendix private life route requires the non-UK born child to have been granted leave under private life and have held leave under the family/private life route for at least 5 years. I think this cannot apply to your child. Only UK-born children can immediately get ILR after 7 years.

Guide on private life: https://assets.publishing.service.gov.u ... e_life.pdf

Note that as your child is born outside the UK, she has no entitlement to British citizenship. So she is expected to hold ILR and can only be registered as British (via discretion) when your wife gets ILR.

[dogaralitahir]

Hi Zimba,

Thanks for your assistance. I am confused you said this is possible to get her ILR i.e. my daughter. But later you mentioned that she have to complete 5 years. Can you please clarify that either she can apply for ILR now when i have settled status or after i obtain citizenship or once she completed 5 years. She born outside UK and living here for 7 years. Much appreciated.

[zimba]

Hi Zimba,

Thanks for your assistance. I am confused you said this is possible to get her ILR i.e. my daughter. But later you mentioned that she have to complete 5 years. Can you please clarify that either she can apply for ILR now when i have settled status or after i obtain citizenship or once she completed 5 years. She born outside UK and living here for 7 years. Much appreciated.

There are two paths: The older 7-year route when it is proven that it is unreasonable for the child to leave the UK and also a new 7 year private life route that requires 5 years of residence under the private life/family route. I said ILR under the first route may be possible but not possible under the new rules

[contorted_svy]

Hi Zimba,

Thanks for your assistance. I am confused you said this is possible to get her ILR i.e. my daughter. But later you mentioned that she have to complete 5 years. Can you please clarify that either she can apply for ILR now when i have settled status or after i obtain citizenship or once she completed 5 years. She born outside UK and living here for 7 years. Much appreciated.

Just to clarify one point, you getting citizenship won't speed up your wife or child's applications. The need to become eligible under the appropriate route and get ILR before being eligible to apply for citizenship.

[dogaralitahir]

Hi Zimba,

Thanks for your clarification. Can i ask that how I will make the point that I am applying this on older 7 years route instead new route. Which form I have to use while applying.

[zimba]

Hi Zimba,

Thanks for your clarification. Can i ask that how I will make the point that I am applying this on older 7 years route instead new route. Which form I have to use while applying.

The child can get ILR if qualifies under the rules.
Use form SET(F): https://visas-immigration.service.gov.uk/product/set-f