Immigrationboards.com

Dear All,

First of all I sincerely want to thank the moderators of the forum for their stellar work and the contributions & guidance of all members over the years for making my Tier 1 applications so much easier like many other's.This forum has been invaluable to say the least.

I came into UK on 15th July 2007 on work permit and switched to tier 1 on
2009 and on april 2011 I extened my tier 1 which is valid till june 2013 . Now on July 2012 I will be completing 5 years and as far as I know I will be eligible for ILR without any undue complications.

But my wife stayed out of UK for 10 months from May 2011-March 2012 for the birth of our child in India. Could this cause any issue in her ILR application though she had been living with me in the UK for the last 5 years except when she was in India. Also my wife is working in UK and was on maternity pay when she was in India.

Also my daughter came to UK on Tier 1 dependant visa which is valid till June 2013. So when I apply for ILR is it necessary to include her also? If I do not include her then will her Tier 1 dependant visa continue to be valid and can she travel out of the country?

Kindly share your experience and views
Many Thanks,
Kris

You can all apply for ILR together. The wife's absense will not be considered a problem. The daughter's leave will be kept in line with the mother's so please include her in the application also.

Lucapooka, Many Thanks for your quick response. As you suggested I will include my daughter also in the ILR application. Though I was sort of hoping that may be in this scenario since my daughter's Tier 1 visa is valid till june 2013, I can skip her ILR and when I become eligible for British citizenship in June 2013 , I can apply for her citizenship as well. Guess, travelling abroad could be a problem and also once main applicant Tier 1 visa changes to ILR , their dependents Tier 1 Visa becomes probably invalid?

Appreciate your time.
Thanks
Kris

You are right.
If main applicant changes to ILR then visa of all your dependent on earlier visa will not be valid.

You need to include your wife as must have with ILR. In case of your son, if you are not planning to travel inbetween then you can wait for for her to become eligible for ILR.