Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
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Punte
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by Punte » Fri May 06, 2016 9:42 pm
Hi,
I came to the UK in on Tier 2 visa. At that time my wife and son (then 3 years) accompanied me as dependants. We had a daughter in the UK in 2012. I applied for ILR last year and now have a permanent residency. My wife and children did not apply for ILR at that time. They are still on previous dependant visa. I would like to apply for their ILR now. What process should I follow? Which form should I fill? Is it true that as they didn't apply for ILR at the time I applied they are now not eligible to apply for ILR?
Thanks.
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vinny
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by vinny » Sat May 07, 2016 12:00 am
If you were granted ILR under
PBS and your wife and son had initially applied for PBS dependant entry clearances prior to 9th July 2012, then they may apply for
SET(O). Else, they should
extend or switch.
Your UK Born daughter is
entitled to register for British citizenship.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Punte
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by Punte » Sat May 07, 2016 10:17 am
Thank you very much for your advice, Vinnie. I was a bit worried as I read somewhere that as my family did not apply for ILR with me, now they are not eligible. They were in PBS dependant visa prior to 2012 so as per your advice they should be eligible.
As for my daughter, she was born before I got my ILR. Currently she is also on dependant visa. Can she straight away apply for Citizenship?
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geriatrix
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by geriatrix » Sat May 07, 2016 11:48 am
Punte wrote:As for my daughter, she was born before I got my ILR. Currently she is also on dependant visa. Can she straight away apply for Citizenship?
Life isn't fair, but you can be!
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Punte
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by Punte » Tue May 10, 2016 6:05 pm
Dear friends,
Thank you for your previous advice and sorry to coming back to the question again. I have been contacting few law firms to confirm my query and I am getting conflicting messages. Like yourself some tell me that applying for ILR for my family would be possible while some say it is not possible. The reason for the later being that since I changed my status (from Tier 2 to ILR) and did not apply for changing their status at that time, their visa status is broken and as a result I will have to switch my wife's status to spousal visa and that of my child to dependant visa (related to my ILR). As per them they will have to wait another five year or take a root of 10 years continuous stay to apply for ILR. I am very confused with these mixed messages. Could you please help.#
Many thanks
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geriatrix
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by geriatrix » Tue May 10, 2016 6:09 pm
Reading
319E may be useful.
Life isn't fair, but you can be!
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vinny
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by vinny » Wed May 11, 2016 1:41 am
Punte wrote:... some say it is not possible. The reason for the later being that since I changed my status (from Tier 2 to ILR) and did not apply for changing their status at that time, their visa status is broken and as a result I will have to switch my wife's status to spousal visa and that of my child to dependant visa (related to my ILR).
If you had successfully applied for SET(O) and your wife had last applied for PBS entry clearance prior to 9th July 2012, then they are
mistaken.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Punte
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by Punte » Fri May 13, 2016 9:49 pm
Thanks ! That is very helpful. Much appreciated !
As advised I am now in the process of completing SET (O) form for my wife and son. I have a few questions for clarity:
1. Should I put my wife as the main applicant and my son as dependant? Had I included them while I had applied I would have been the main applicant and both dependants. Hence a bit confused.
2. My wife is not working. Should I include my salary details?
3. Do I need to put a cover note explaining why they didn't apply with me?
