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Few Queries on ILR, pls advise Gurus...

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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Few Queries on ILR, pls advise Gurus...

Post by coolsats » Fri Jun 20, 2014 6:03 am

Gurus,

Please help me with my queries below:

My daughter was born in Jan 2014. I have plans to travel to India in October, so I applied and got her Indian passport from HCI London.
I also applied for my 2nd Tier 1 Extension recently and got 3 years VISA Extension for Myself, Spouse and my Daughter at the same time.

My Query is:

1. My ILR is due in few months time from now. As my daughter now has an Indian Passport, is it mandatory for me to apply ILR for my daughter Or, I can skip her ILR and register her as a British Citizen using form MN1.

2. My first EC was in 2009 and I came to UK in August 2009, and my WIFE joing me in October 2011. For me to apply ILR for my WIFE, the continuous stay is 2 years or 5 years, can you guys pls confirm.
Also, her degree was taught in English and is recognized by the PBS Calculator, do I still need the NARIC letter or letter from her college saying that the degree was taught in English or PBS printout is good enough.

3. My understanding is that she also needs to take the 'LIFE IN THE UK' test. Is is correct?

4. I need to use only One SET(O) for Myself, Spouse and my daughter while applying for ILR and separate form is required for each of the dependents.

Thanks in Advance for all your help.

Regards...

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Re: Few Queries on ILR, pls advise Gurus...

Post by CR001 » Fri Jun 20, 2014 1:17 pm

coolsats wrote:Gurus,

Please help me with my queries below:

My daughter was born in Jan 2014. I have plans to travel to India in October, so I applied and got her Indian passport from HCI London.
I also applied for my 2nd Tier 1 Extension recently and got 3 years VISA Extension for Myself, Spouse and my Daughter at the same time.

My Query is:

1. My ILR is due in few months time from now. As my daughter now has an Indian Passport, is it mandatory for me to apply ILR for my daughter Or, I can skip her ILR and register her as a British Citizen using form MN1. Yes, if you don't have travel plans, you can skip your daughters ILR and apply on MN1 under section 1(3) of the BNA, which is an entitlement application, once your ILR is approved.

2. My first EC was in 2009 and I came to UK in August 2009, and my WIFE joing me in October 2011. For me to apply ILR for my WIFE, the continuous stay is 2 years or 5 years, can you guys pls confirm. 2 years
Also, her degree was taught in English and is recognized by the PBS Calculator, do I still need the NARIC letter or letter from her college saying that the degree was taught in English or PBS printout is good enough.

3. My understanding is that she also needs to take the 'LIFE IN THE UK' test. Is is correct? Yes, LIUK is needed

4. I need to use only One SET(O) for Myself, Spouse and my daughter while applying for ILR and separate form is required for each of the dependents. One form only is needed. When are you applying, which month??

Thanks in Advance for all your help.

Regards...
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Re: Few Queries on ILR, pls advise Gurus...

Post by coolsats » Fri Jun 20, 2014 3:19 pm

Hi CR001,

Thanks for your quick response, really appreciate..

But below doubts still persists: kindly advise.

1. We have travel plans in October and so got my daughter an Indian passport and got visa for three years.
I recently applied for my 2nd extension and included my daughter as well and now our Visa's are valid till 2017.
So, now as she has an India Passport and Leave to Remain till 2017, is it necessary for me to apply for her ILR.
I was thinking as she is born in the UK I can skip her ILR and apply for her registration using MN1 after I get my ILR. Am I correct here?

For the above query my friend says that as she now has Leave to remain till 2017 on an Indian passport, so now she will not eligible to register using MN1 even after I get my ILR, even if she is born in the UK. Not sure if he is correct or not?

2. My ILR is due in November, I ll complete 5 years by that time but my VISA is valid till June 2017. Can I apply in November, or I have to apply 28 days before my visa expires in 2017. Please advise...

Regards..

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Re: Few Queries on ILR, pls advise Gurus...

Post by CR001 » Fri Jun 20, 2014 3:26 pm

coolsats wrote:Hi CR001,

Thanks for your quick response, really appreciate..

But below doubts still persists: kindly advise.

1. We have travel plans in October and so got my daughter an Indian passport and got visa for three years.
I recently applied for my 2nd extension and included my daughter as well and now our Visa's are valid till 2017.
So, now as she has an India Passport and Leave to Remain till 2017, is it necessary for me to apply for her ILR.
I was thinking as she is born in the UK I can skip her ILR and apply for her registration using MN1 after I get my ILR. Am I correct here? You can skip ILR for the child and register her on MN1 after you get ILR. MN1 can take a couple of months.

For the above query my friend says that as she now has Leave to remain till 2017 on an Indian passport, so now she will not eligible to register using MN1 even after I get my ILR, even if she is born in the UK. Not sure if he is correct or not? No, he is incorrect. Your child has an entitlement to register under section 1(3) because she was born in the UK before you received ILR.

2. My ILR is due in November, I ll complete 5 years by that time but my VISA is valid till June 2017. Can I apply in November, or I have to apply 28 days before my visa expires in 2017. Please advise... You can apply when you meet the 5 year requirement. What was your visa before Tier 1? You can also apply once you return from your travel plans in October

Regards..
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Re: Few Queries on ILR, pls advise Gurus...

Post by coolsats » Fri Jun 20, 2014 3:53 pm

Thanks CR001, that was really helpful...

If MN1 can take couple of months, would you advise including my daughter in the ILR application along with myself and spouse and clear ILR at the same time and then after one year apply for Naturalization.
Or, wise to just do ILR for Myself and Spouse and register the baby later after our ILR.

Tier 1 was my First VISA. First time I came to UK was in August 2009, but went back to India in Nov 2009 for some family issues and then returned back in June 2010 and since then till today it has been a continuous stay.
So, I'll be eligible and can apply for ILR after coming back from my holidays in October. Please advise Guru..

Regards..

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Re: Few Queries on ILR, pls advise Gurus...

Post by CR001 » Fri Jun 20, 2014 8:39 pm

Your absence between Nov 2009 and Jun 2010 appears to be more than 180 days? Are you sure you are eligible for ILR as I see how you can split the absence across 2 years?
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Re: Few Queries on ILR, pls advise Gurus...

Post by coolsats » Fri Jun 20, 2014 10:14 pm

Hi CR001,

Thanks for your reply again...

Really not sure, I thought I was eligible. Looks like I did some bad calculations.
Can you kindly advise me when do you think I would be eligible if not in November 2014.

Also, not sure how to split my absence.

Regards..

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Re: Few Queries on ILR, pls advise Gurus...

Post by coolsats » Mon Jun 23, 2014 11:01 am

Hi CR001,

Can you please advice on the below query, if I am eligible in Nov 2014, if not then which date.

Also, if its wise to apply for MN1 or ILR for my daughter( as she now has an Indian passport with leave to remain until 2017)

Regards...

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